NEW JERSEY GEOLOGICAL &
WATER SURVEY
Open-File Report OFR 13-1
History of Passing Flows in New Jersey,
with Contemporary and Future Applications
New Jersey Department of Environmental Protection
STATE OF NEW JERSEY
Chris Christie, Governor
Kim Guadagno, Lieutenant Governor
Department of Environmental Protection
Bob Martin, Commissioner
Water Resources Management
Michele Siekerka, Assistant Commissioner
Geological & Water Survey
Karl Muessig, State Geologist
NEW JERSEY DEPARTMENT OF ENVIRONMENTAL PROTECTION
NJDEP’s core mission is and will continue to be the protection of the air, waters, land and natural and historic resources of the State to ensure continued public benefit. The Department’s mission is advanced through effective and
balanced implementation and enforcement of environmental laws to protect these resources and the health and safety
of our residents.
At the same time, it is crucial to understand how actions of this agency can impact the State’s economic growth, to
recognize the interconnection of the health of New Jersey’s environment and its economy, and to appreciate that
environmental stewardship and positive economic growth are not mutually exclusive goals: we will continue to protect the environment while playing a key role in positively impacting the economic growth of the state.
NEW JERSEY GEOLOGICAL & WATER SURVEY
The mission of the New Jersey Geological & Water Survey is to map, research, interpret and provide scientific information regarding the state's geology and groundwater resources. This information supports the regulatory and
planning functions of DEP and other governmental agencies and provides the business community and public with
information necessary to address environmental concerns and make economic decisions.
for more information contact:
New Jersey Department of Environmental Protection
New Jersey Geological & Water Survey
P.O. Box 420, Mail Stop 29-01
Trenton, NJ 08625-0420
(609) 984-6587
http://www.njgeology.org/
On the cover: Outlet of the Round Valley Reservoir to South Rockaway Creek (ID pf057 in appendix B).
-- page ii --
NEW JERSEY GEOLOGICAL & WATER SURVEY
Open-File Report OFR 13-1
History of Passing Flows in New Jersey,
with Contemporary and Future Applications
by
Jeffrey L. Hoffman and Steven E. Domber
New Jersey Geological & Water Survey
New Jersey Department of Environmental Protection
Water Resources Management
Division of Water Supply & Geoscience
New Jersey Geological & Water Survey
PO Box 420, Mail Stop 29-01
Trenton, NJ 08625-0420
2013
-- page iii --
Conversion Factors
Multiply
inch-pound units
by
to obtain
metric (SI) units
Multiply
inch-pound units
VOLUME
3
by
to obtain
metric (SI) units
FLOW RATE
3
cubic inches (in )
16.39
cubic centimeters (cm )
million gallons/day (mgd)
0.04381
cubic meters/second (m3/s)
cubic feet (ft3)
0.02832
cubic meters (m3)
cubic feet per second (cfs)
2,447
cubic meters/day (m3/d)
gallons (gal)
3.785
liters (L)
million gallons/year (mgy)
3,785
cubic meters/year(m /y)
gallons (gal)
3.785X10-3
cubic meters (m3)
gallons/minute (gpm)
.06309
liters/second (L/s)
3
Note: In this report 1 billion = 1,000 million; 1 trillion = 1,000 billion
New Jersey Geological & Water Survey Reports (ISSN 0741-7357) are published by the New Jersey Geological & Water Survey, PO Box 420, Trenton, NJ 08625-0420. This report may be reproduced in whole or part provided that suitable
reference to the source of the copied material is provided.
More information on NJGWS reports is available on the Survey's website:
www.njgeology.org
Note: Any use of trade, product, or firm names in this publication is for descriptive purposes only and does not imply endorsement by the New Jersey state government.
“Healthy, well-functioning rivers and aquatic ecosystems are as fundamental to the workings of the natural world as
arteries, veins, and the heart are to a human body. … These functions are easy to take for granted because they are
rarely priced by the market, and they require virtually no investment on our part”. --- Postel, 1997


"It's always the downstream people who suffer the results of upstream negligence."
-- Prof. M. Richard Nalbandian, Temple University, quoted in the article 'In The Water's Way',
Philadelphia Inquirer, Sept. 24, 2006


-- page iv --
Contents
Abstract ...............................................................................................................................1
Introduction .........................................................................................................................3
Measurement units ......................................................................................................4
Acknowledgements .....................................................................................................5
Passing-flow specifications ..................................................................................................6
Surface-water-intake passing flows .............................................................................6
Reservoir passing flows ..............................................................................................7
Groundwater-withdrawal passing flows ....................................................................12
Passing-flow locations ..............................................................................................13
Additional concerns ...................................................................................................13
History of passing flows in New Jersey ............................................................................15
Pre-New Jersey Water Supply Commission .............................................................15
New Jersey Water Supply Commission .....................................................................16
Wanaque Reservoir ....................................................................................................16
Selected Passaic Basin locations ...............................................................................18
Selected Raritan Basin locations ...............................................................................20
Methods of setting passing flows ......................................................................................21
Preservation of flows ................................................................................................21
Preservation of water quality .....................................................................................23
Preservation of the aquatic ecosystem ......................................................................26
Contemporary New Jersey regulations .....................................................................29
Contemporary passing flow locations and standards ........................................................30
Implementation of passing flows ......................................................................................31
Relaxation of passing flows ..............................................................................................34
Conclusion ........................................................................................................................36
References .........................................................................................................................37
Glossary ............................................................................................................................41
Appendices
A. Abbreviations and acronyms .........................................................................................42
B. Details of current passing flow locations in New Jersey .............................................43
C. Excerpts of regulations, 2007, pertaining to passing flows ..........................................53
D. Historical laws .............................................................................................................56
-- page v --
ILLUSTRATIONS
Figure 1. Selected reservoirs, streams, locations and streamflow gages in northern
and central New Jersey ..................................................................................7
2. South Branch Raritan River at Manville, 25-50-75-percent frequency distribution
of annual monthly minimum flows for pre-reservoir construction years
(1904-1960) and post-reservoir construction years (1970-2002) .................11
3. Annual 7Q10 flows per unit watershed area in New Jersey ............................24
4. Annual 7Q10 flows per unit watershed area vs. watershed area ......................25
5. Annual and monthly 7Q10 flows at selected gages ..........................................26
6. Passing flow monitoring and action points, January 2008 ...............................30
TABLES
Table 1. Conversion factors for passing plows …………………………………………5
2. Excess-diversion passing flows ………………………………………………10
3. Passing flows on the Raritan River associated with Spruce Run
and Round Valley Reservoirs…….……………………………………………11
4. South Branch Raritan River at Manville, 25-50-75-percent frequency
distribution of annual monthly minimum flows for pre-reservoir years
(1904-1960) and post-reservoir years (1970-2002)…………………….………12
5. Vermeule estimates of dry-weather streamflow ..................................................22
6. Suggested wording for passing-flow permit conditions ......................................33
7. Reductions in passing flows during the 2002 drought ........................................35
-- page vi --
History of Passing Flows in New Jersey,
with Contemporary and Future Applications
Abstract
A passing flow is a rate of water flow which either must be maintained downstream from
an impoundment or must be allowed to pass a specified point in a stream. These flows are
set for three reasons: (1) to protect the water privileges of downstream users; (2) to provide sufficient dilution for downstream discharges to prevent a violation of water-quality
standards; and (3) to maintain sufficient flow to support the aquatic ecosystem.
New Jersey state-ordered passing flows date to 1916. In that year a passing flow was applied to the newly-approved Wanaque Reservoir in Passaic County to protect downstream water rights and prevent unsanitary conditions. Prior to that time water rights had
been protected by judicial action. Water-quality passing flows were first ordered in the
late 1950's for two major reservoirs in the Raritan River watershed that came online in
the 1960's. The first ecological-preservation passing flows date to the 1954 U.S. Supreme
Court Decree1 which required releases from New York City's reservoirs on the Upper
Delaware River to protect shellfisheries in Delaware Bay.
By 2007, the New Jersey Department of Environmental Protection (NJDEP), Division of
Water Supply & Geoscience, had set more than 100 passing flows. These are conditions
added to water allocation permits issued to users who can withdraw water at a rate of
100,000 gallons per day or more. Violation of the passing flows may result in monetary
fines and/or permit cancellation. An additional passing flow, set by the NJDEP's Division
of Parks & Forestry, governs releases from Lake Hopatcong in northern New Jersey.
Passing-flow requirements are applied to three general types of water-supply facilities in
New Jersey: surface-water intakes, reservoirs, and water-table wells. A passing-flow requirement must specify two locations, an 'action point' where streamflow is modified and
a 'monitoring point,' where streamflow is measured.
Passing flows have been set using a variety of methods. The first passing flows were
based either on water needs of downstream users or on the estimated dry-weather flow
from the watershed upstream of the withdrawal point. Other methods now in use include
estimation of the flow needed to dilute a discharge, an estimate of the flow needed to sustain a specific aquatic species, or a statistical analysis of low flows. The annual 7Q10
flow is the basis for many passing-flow requirements in New Jersey. This is the lowest
annual 7-day flow which occurs on average once a decade and is an example of a statisti1
U.S. Supreme Court, State Of New Jersey v. State Of New York, 347 U.S. 995 (1954).
-- page 1 --
cal analysis of low flows. The 7Q10 flow is also commonly used in estimating the impact
of a treated-effluent discharge on water quality.
Estimating the flows needed to protect aquatic ecology is complex. In New Jersey, the
most common approach has been to assume that preserving the annual 7Q10 flow is sufficient for such protection. However this is a statistical analysis of low flows. The 7Q10's
ubiquity is based on its ease of calculation, not any proven ecological significance. Also,
the 7Q10 flow is a constant value that does not vary during the year. It cannot protect the
natural variability in stream flows. The New England and Tennent methods are based on
statistical analyses of monthly low flows and do produce estimates of ecologicallysustaining flows that vary from month-to-month or season-to-season. However, the
NJDEP has not yet applied these methods in setting any passing flows.
During water-supply droughts, the NJDEP has relaxed passing flows downstream from
major reservoirs and surface water intakes. This helps preserve storage in the reservoirs,
thus saving the water for public-supply needs. During New Jersey's 2002 drought, special
monitoring of surface water quality downstream of reservoirs showed that the reductions
in passing flows did not result in any violations of surface-water-quality standards.
-- page 2 --
Introduction
Water is essential for human survival. In New Jersey, streams and aquifers provide as
much as 1 trillion gallons of water a year for domestic, agricultural, non-agricultural irrigation, commercial, industrial, mining, and power-generation needs (Domber and others,
2007). Surface-water and unconfined groundwater withdrawals to meet these needs may
significantly reduce streamflows. Passing flows are a way to limit the impacts of withdrawals to protect downstream users, surface-water quality, and the aquatic ecosystem.
This report 1) summarizes the types of passing flows used in New Jersey, 2) presents a
history of selected passing flows in the State, and 3) discusses methods of setting these
flows. It is intended for water-resource professionals trying to implement a consistent and
effective approach to protecting the water resources of the State, and for those interested
in how the State's approach to setting passing flows developed.
There are two general types of surface-water facilities - intakes and reservoirs. An intake
is, at its simplest, a pipe that withdraws water from a flowing stream. Pumping at intakes
reduces the amount of water available downstream.
A reservoir consists of a dam and a trapped pool of water. Water is stored behind the
dam during wet periods, thus reducing stream flow. The water can be released during dry
periods to meet the needs of downstream users. Both of these actions alter streamflow
from what it would have been had the reservoir not been there. There are two types of
reservoirs, on-stream and off-stream. An on-stream reservoir impounds a river or stream;
filling during wet periods and draining during dry periods. An off-stream reservoir is
built at a site with appropriate topography but an insufficient water supply. It is intended
to store water mainly withdrawn by an intake on a nearby water source.
Actions at intakes or reservoirs which reduce flows may leave less water in the steam
than is needed by downstream intakes. Flow may also be insufficient for adequate dilution of downstream treated effluent discharges. Low flows that are lower than normal,
more frequent than normal, or longer in duration than normal, may also damage the
aquatic ecosystem.
Groundwater withdrawals from the water-table aquifer may also affect streamflow by
causing leakage out of the stream or by intercepting groundwater that would have discharged to the stream (Heath, 1983; Winter and others, 1998). Large-capacity water-table
pumps near small streams may significantly reduce streamflow. In extreme cases, small
streams may dry up during peak pumping periods.
One method to protect downstream water needs is to establish minimum passing flows. In
general, a passing flow sets a rate at which water must be released from a reservoir or
pass an intake or well. An intake's passing-flow requirement may specify that its with-
-- page 3 --
drawals must not reduce streamflow below a set flow rate. This requires that the intake
cease pumping if streamflow drops to or below the passing flow.
The term 'passing flow' is unique to New Jersey. Elsewhere, these flows are referred to as
flow-by, pass-by flows, minimum by-pass, residual streamflow, or compensation flows.
Passing flows intended to sustain the aquatic ecosystem are also called instream flows,
conservation releases, or environmental flows.
Until the early 20th century, downstream water rights in New Jersey were enforced by
court-ordered limits on upstream intakes. These limits grew out of lawsuits filed by
threatened downstream users. In the early 20th century, the New Jersey state government
became more involved in planning and permitting water-supply facilities as well as refereeing disputes (New Jersey Water Supply Commission, 1909). This involvement developed to protect the State's water supply and to deal with conflicts associated with the
building of New Jersey's first major water-supply reservoirs in the late 19th century. The
State's oversight role was performed by the Water Supply Commission, as mandated by
the Water Supply Management Act of 1907 (Goldshore, 1983).
The New Jersey Department of Environmental Protection, Division of Water Supply &
Geoscience (DWSG), is the lead agency in the State for regulating withdrawals. The
DWSG requires major water users, defined as those who have the ability to withdraw
more than 100,000 gallons per day (gpd), to obtain permit before withdrawing water.
Permits include explicit limits on instantaneous, daily, monthly and annual withdrawals.
Many permits, but not all, impose a passing-flow limitation.
The NJDEP's Division of Parks & Forestry also implements a passing flow. This Division controls flow over the dam forming Lake Hopatcong in northern New Jersey. The
lake's operating schedule includes a required release to the Musconetcong River that is
not part of any water-allocation permit condition.
Measurement Units
Passing flows are specified as a flow with units of volume per time. In New Jersey, the
flow rate is generally expressed in units of million gallons per day (mgd), gallons per minute (gpm), or cubic feet per second (cfs) (table 1). Throughout this report, the original
units given in the permit or reference are reproduced. The reader may convert units as
desired, using the conversion factors in table 1. For example, if a passing flow is given in
gallons per minute, multiply by 0.00144 to convert to million gallons per day or by
0.00223 to convert to cubic feet per second.
-- page 4 --
Acknowledgements
The authors are very grateful to Scott Tyrrell, formerly of the Division of Water Supply
& Geoscience, for his computerized summaries of contemporary passing-flow permit
conditions. The authors also wish to thank the numerous water-supply professionals who
have shared their institutional knowledge of New Jersey's water allocation program.
These include Jan Gheen, Asghar Hasan, Chris Hoffman, Don Kroeck, and Jennifer Myers. This report also benefited from the able review of Amy Shallcross (Delaware River
Basin Commission), Tom Baxter (N.J. Water Supply Authority, retired) and Steve
Nieswand (U.S. Geological Survey, NJ Water Science Center, retired).
Table 1. Conversion factors for passing flows
gallons per minute
(gpm)
million gallons per day
(mgd)
cubic feet per second
(cfs)
gallons per minute
(gpm)
million gallons per day
(mgd)
cubic feet per second
(cfs)
--
0.00144
0.00223
694.
--
1.547
449.
0.646
--
-- page 5 --
Passing-Flow Specifications
Passing flows protect downstream water users. In this context a downstream user may be
a purveyor authorized to withdraw water, a discharger dependent on streamflow dilution,
or the aquatic community. A well-written passing-flow specification will specify which
of these users is the intended beneficiary. Also, a passing-flow condition may be constructed to protect more than one downstream user.
Passing flows are applied to three different types of water-supply infrastructures: surfacewater intakes, reservoirs, and groundwater wells. The different infrastructure types require slightly different approaches for setting an appropriate passing flow. These types
are discussed below, with examples from New Jersey. Also, each passing flow must specify two locations, an action point and a monitoring point and this is briefly covered below. The following sections then address a series of related concerns.
Surface-Water-Intake Passing Flows
An intake is a pipe or other structure on a stream that withdraws water. A large intake
may have the ability to significantly lower streamflow, perhaps even dry up the stream
during low-flow periods. An intake passing flow is designed to limit potential impacts on
streamflow.
In July 2008 there were 1,679 active surface-water intakes in New Jersey. Of the 104
passing flows listed in Appendix B, 71 apply to surface-water intakes. This low number
is misleading. Passing flows tend to be preferentially assigned to the largest withdrawals.
Some 698 billion gallons of surface water was withdrawn in New Jersey in 1999. Of this
volume, 232 billion gallons (33%) was withdrawn under permits which had passing-flow
conditions.
Many surface-water intake facilities on a stream are equipped with a weir that creates a
slightly deeper pool from which the water is withdrawn. These weirs are not intended to
provide storage of water but rather to assist in operational efficiency. Additionally these
weirs tend to lack outlet structures capable of controlling the volume of water released
over the dam. Therefore, water-withdrawal structures equipped with weirs are considered
to be part of an intake rather than a reservoir.
There are two types of surface-water-intake passing flows, minimum-instream and excess-diversion.
… Minimum-Instream Passing Flow
A minimum-instream passing flow is a set value. An intake may not withdraw water
when streamflow is below the set value, nor may it cause streamflow to decline below the
-- page 6 --
set value. For example, the Forest Hill Field Club (ID pf027 in appendix B) withdraws
water from the Third River in Essex County. The permit conditions state "Diversion from
the Third River shall not cause the river flow measured at the intake to be < 1.5 cfs." The
clear intent is that when flow is less than 1.5 cfs, the diversion must cease. When the intake is operating it may not reduce streamflow to less than 1.5 cfs.
All passing flows imposed on intakes that produce water for non-potable uses are of this
type.
… Excess-Diversion Passing Flow
The second type of surface-water intake passing flow is an excess-diversion passing flow.
This applies to a subset of potable-water purveyors who are explicitly listed in New Jersey's regulations at N.J.A.C. 7:19-4.6(e) et. seq. When streamflow drops below the excess-diversion passing flow, the purveyor may continue to withdraw water but must pay
an 'excess diversion fee.' This fee is directly proportional to the volume of water withdrawn and to how far the diversion causes flow to fall below the excess-diversion passing
flow. The procedure for calculating this fee is given in the regulations. Table 2 lists the surfacewater purveyors affected by the
excess-diversion section of the
regulations.
Reservoir Passing Flows
A reservoir impounds surface water. All or some of the water is
held back for use during drier
times. If the reservoir is full, all of
the water that enters it is discharged to the river downstream
(assuming evaporation is negligible and that no water is removed
from the reservoir for other uses).
If the reservoir is less than full, it
may retain some or all of the water flowing into it thus decreasing
or even drying up downstream
streamflow. To ameliorate these
effects, a reservoir passing flow
requires that water be released
from the reservoir to the stream
below the dam.
Figure 1. Selected reservoirs, rivers, locations, and streamflow gages in
northern and central New Jersey.
-- page 7 --
As applied in New Jersey, there are four types of reservoir passing flows: minimum release, minimum instream, variable release, and excess diversion. Each is discussed below. Reservoir locations are shown in figure 1.
… Minimum-Release Passing Flow
A minimum-release passing flow sets the minimum rate at which the reservoir must release water under all conditions. A major benefit of this type of passing flow is that it requires only an estimate of water flowing out of the reservoir. A drawback is that it results
in a decline in the reservoir's water storage during dry periods when inflow is less than
the constant-release passing flow. For example, the Spruce Run Reservoir, operated by
the New Jersey Water Supply Authority, is required to release at least 7.75 cfs (ID pf053
in appendix B). This release must occur regardless of how much water is flowing into the
reservoir from the upstream watershed. When inflows to the reservoir exceed 7.75 cfs,
some of the inflow water can be stored in the reservoir for later use. However, when the
inflow rate is less than 7.75 cfs, water must be released from storage to meet the required
constant-release passing flow.
… Minimum-Instream Passing Flow
The second type of reservoir passing flow is the minimum-instream passing flow.
Enough water must be released from the reservoir so that a minimum streamflow at a
downstream monitoring location is maintained. The downstream site, commonly a stream
gage, may be directly downstream, or father away. The farther away the gage is, the
greater the chance that additional tributaries to the river may contribute to the measured
flow, thus decreasing the amount of water that must be released from the reservoir. Most
reservoir passing flows active in New Jersey are either minimum-instream or minimumrelease passing flows. In some cases, a minimum-instream passing flow is downstream of
several reservoirs and intakes. This requires the coordination of multiple purveyors and
reservoirs to meet the requirements.
… Variable-Release Passing Flow
The third type of reservoir passing flow is the variable-release passing flow. This requires
releasing all inflows to the reservoir during low flows, and a minimum rate during high
flows. For example, in 1967 the McGraw-Hill Company was given permission to withdraw water from a pond on a tributary to the Millstone River in Mercer County.2 A passing flow of 62 gallons per minute (gpm) was placed on the pond during times when inflow to the pond exceeded 62 gpm. When inflow was less than 62 gpm, the lower inflow
rate was to be released over the dam. The result is that the volume of water stored in the
pond did not decrease during low-flow periods. This permit is no longer active.
2
Unpublished data on file with the Bureau of Water Allocation, NJDEP, permit PS-99.
-- page 8 --
Implementation of a variable-release passing flow requires monitoring all inflows to the
reservoir. This expense may be significant, especially if more than one stream flows into
a reservoir. However, reservoir storage is affected less during dry periods by a variablerelease passing flow than by a constant-release passing flow. Also, by better simulating
natural flows during dry periods, downstream low flows are not artificially raised and the
aquatic ecosystem is less strongly affected.
Only one contemporary reservoir has a variable-release passing flow. The passing flow
from the Raymond Dam on the Wanaque River (ID pf 020 in appendix B) is governed by
releases from upstream Greenwood Lake. If flows out of Greenwood Lake are less than
4.64 cfs, the passing flow from Raymond Dam is set at 10.8 cfs. If flows out of Greenwood Lake exceed 4.64 cfs, and the release is for use by downstream purveyors other
than the North Jersey District Water Supply, Raymond Dam's passing flow increases to
15.47 cfs.
… Excess-Diversion Passing Flow
The fourth type of passing flow affecting reservoir releases is the excess-diversion passing flow. Some of the purveyors mentioned in the excess-diversion regulation (table 2)
operate reservoirs where releases may fall below the indicated passing flow if the excess
diversion fee is paid. For example, the Boonton Reservoir on the Rockaway River in
Morris County, which supplies water to Jersey City, has a required release of 10.83 cfs. If
releases are lower, the City must pay an excess diversion fee that is proportional to the
volume of water withdrawn and the volume by which releases fell below 10.83 cfs.
-- page 9 --
Table 2. Excess-diversion passing flows1
Purveyor
Gaging station2
Brick Township M.U.A.
Metedeconk River near Lakewood (01408120)
Hackensack River at New Milford (01378570)
Saddle River at Lodi (01391500)
Passaic River at Two Bridges (01389005)
To be released from Boonton
Dam to the Rockaway River (01381000)
Hackensack
Water Company
City of Jersey City
Passing
flow (cfs)
13.0
12.9
13.9
143.3*
Reservoir or
intake3
Intake
Reservoir
Intake
Intake
10.83**
Reservoir
Middlesex
Water Company
Rahway River at Rahway (01395000)
4.2
Reservoir
New Jersey-American
Water Company
Passaic River at Chatham (01379500)
Canoe Brook near Summit (01379530)
Passaic River near Millington (01379000)
Swimming River near Red Bank (01407500)
Jumping Brook near Neptune (01407760)
Shark River near Neptune (01407705)
116
2.12
10.7
9.4
1.16
1.9
Intake
Intake
Intake
Intake
Intake
Intake
Pequannock River at Macopin (01382500)
12.3
Reservoir
Lawrence Brook at Westons Mill (01405030)
Wanaque River at Wanaque (01386000)
Ramapo River at Pompton Lakes (01388000)
Passaic River at Two Bridges (01389005)
Pompton River at Pompton Plains (01388500)
Passaic River at Little Falls (01389500)
Passaic River at Two Bridges (01389005)
8.7
15.5***
61.9
143.3 *
92.8
89.0
27.2
Intake
Reservoir
Intake
Intake
Intake
Intake
Intake
Rahway River at Rahway (01395000)
7.9
Intake
at Duhernal Dam, Dec.-April (none)
at Duhernal Dam, May-Nov. (none)
Delaware River at Trenton (01463500)
61.88
123.78
1,131.1
Reservoir
Reservoir
Intake
Newark
Water Department
City of New Brunswick
North Jersey District
Water Supply
Commission
Passaic Valley
Water
Commission
Rahway
Water Department
Sayreville Borough
City of Trenton
1. Specified in N.J.A.C. 7:19-4.6(e)
2. Gage name and USGS Gage ID
3. Information added by authors and not contained in N.J.A.C. 7:19-4.6(e) table.
* Except when Passaic Valley Water Commission is diverting at Two Bridges, in which case passing
flow will be 27.2 cfs.
** Subject to adjustment when flow in Beaver Brook at the outlet of Split Rock Pond are less than 1.5 cfs.
*** Subject to reduction if flows into reservoir at Awosting are less than 4.6 cfs.
-- page 10 --
… Effect of Reservoir Passing Flows on Low Flows
Because the constant-release passTable 3. Passing flows on the Raritan River associated with
ing flow is always present, streamSpruce Run and Round Valley Reservoirs
flow downstream of the reservoir
Passing flow
Drainage
Gage
may be greater in dry periods than
area (mi2)
cfs
mgd
mgd/mi2
it was before the reservoir was
Stanton
147
62
40
0.272
built. This effect is enhanced if the
Manville
490
108
70
0.143
reservoir releases water for downstream intakes. This is the case for
Bound Brook
785
139
90
0.115
the South Branch Raritan River.
The Round Valley and Spruce Run reservoirs fill during high-flow periods and release
water during low-flow periods for downstream users. The reservoirs are also affected by
a series of legally mandated passing flows on the Raritan River -- 62 cfs at Stanton, 108
cfs at Manville, and 139 cfs at Bound Brook (table 3).
Figure 2 and table 4 show a frequency analysis of the monthly low flows observed at the
Manville stream gage on the South Branch Raritan River for two periods, 1904-1960 (before the Round Valley and Spruce Run reservoirs were constructed) and 1970-2002 (after
construction). The frequency analysis is based on the lowest flow recorded in each calendar month in each period. Each month's frequency analysis yields the median annual minimum monthly flow (50-percent frequency) and the 25-percent and 75-percent frequencies. For example, during the pre-reservoir period the median observed low flow in September was 126 cfs. Of the Septembers in the pre-reservoir period, 25-percent had a minimum low flow less than 62 cfs whereas 25-percent had a minimum low flow exceeding
158 cfs. After the reservoirs were built, the median observed lowest September flow was
206 cfs, whereas the 25-percent-to-75-percent range was 175-223 cfs. Summer low flows
are generally higher and less variable now than before the reservoirs were built. During
summer months, the
reservoir operators are
very successful at
meeting the required
passing flow of 108 cfs
at Manville, while retaining any higher
flows in the reservoirs.
Winter low flows show
less of an effect of reservoir operation because the reservoir is
commonly full during
the winter and no flows Figure 2. South Branch Raritan River at Manville, 25-50-75-percent frequency
distribution of annual monthly minimum flows for pre-reservoir construction
are retained at these
years (1904-1960) and post-reservoir construction years (1970-2002).
times.
-- page 11 --
Table 4. South Branch Raritan River at Manville, 25-50-75-percent frequency distribution
of annual monthly minimum flows for pre-reservoir and post-reservoir years
Annual monthly minimum flows, cfs
pre-reservoir (1904-1960)
post-reservoir (1970-2002)
Month
50%
50%
75%
75%
25%
25%
(median)
(median)
Jan
220
356
460
274
401
480
Feb
255
384
462
330
421
528
Mar
380
535
626
330
471
582
Apr
330
464
608
353
505
656
May
210
312
395
262
356
411
Jun
118
189
241
207
293
349
Jul
85
139
182
193
242
260
Aug
61
128
179
170
212
243
Sep
62
126
158
175
206
223
Oct
70
150
207
174
236
236
Nov
105
235
301
176
249
282
Dec
147
264
380
211
366
454
Groundwater-Withdrawal Passing Flows
The concept underlying application of passing flows to water-table withdrawals is similar
to that used for surface-water intakes. Wells do not withdraw directly from a stream. But
they may impact streamflow by either intercepting groundwater that would have otherwise discharged to the stream or by inducing leakage (Galloway and others, 2003; Winter
and others, 1998; Heath, 1983). Numerous cases in New Jersey illustrate streamflow reductions caused by nearby withdrawals from an unconfined aquifer (Cauller and Carleton, 2006; Gordon 2002; Nicholson and others, 1996).
The NJDEP has applied minimum-instream passing flows to water-table wells and well
fields that may affect streamflow. For example, the Ramsey Water Department's wells
no. 15 and no. 16 withdraw water from the valley-fill water-table aquifer near the Ramapo River. These wells are required to cease pumping when flow in the river, as measured
at a nearby stream gage, drops below 12.32 cfs (ID pf002 in appendix B).
Applying passing flows to groundwater withdrawals assumes that the withdrawals cause
an immediate effect on stream flow. This may or may not be valid, depending on the distance from the well to the stream, the quantity of water stored in the aquifer, the volume
of water pumped, the duration of pumping, and the hydraulic connection between the
stream and the aquifer. However, assuming an immediate one-to-one connection between
-- page 12 --
well withdrawals and a reduction in streamflow in most cases is the more conservative
assumption and the simplest to regulate.
The NJDEP is becoming more aware of the effect of unconfined-aquifer withdrawals on
surface-water ecology. Ten of the now-existing passing flows set in New Jersey apply to
wells. The NJDEP anticipates imposing more passing flows on groundwater withdrawals
in the future. (Jennifer Myers, NJDEP, DWSG, oral communication, 2008).
Passing-Flow Locations
Each passing-flow requirement must specify two locations. The first is termed the 'action
point' and is the site where the streamflow is modified. The second is termed the 'monitoring point' and is where streamflow is measured. Measurements at the monitoring point
determine whether the withdrawal at the action point can continue at its full rate, at a
lesser rate, or must cease. The monitoring point need not be at the action point but may
be upstream or downstream from the action point, or even on a nearby stream. The specific permit conditions relating the action point to the monitoring point govern the intake’s ability to withdraw water at low-flow conditions.
Additional Concerns
… Intent of Ecological Passing Flows
A passing flow set to protect the aquatic ecosystem is intended to provide protection
downstream of the action point. Flow is measured at the monitoring point to insure that
sufficient water is passing the action point. Some purveyors have the ability to increase
streamflow upstream of a monitoring point by discharging additional water to the stream.
In this case, excessive withdrawals at the action point that create flows lower than the
passing flow may be compensated for by downstream discharges, thus meeting the passing flow at the monitoring point. This results in lower flows than desired between the action point and where water is added to the stream and violates the spirit of the passing
flow requirement while meeting legal requirements.
In some cases, a significant tributary may enter the stream between an upstream action
point and a downstream monitoring point. Flow at the monitoring point is thus dependent
on streamflow at both the action point and in the tributary. When tributary flows are very
high the purveyor may have the ability to allow very little water to pass the action point
but still meet the passing flow conditions at the monitoring point. This also may be harmful if the aquatic ecosystem immediately downstream of the action point is adversely affected.
-- page 13 --
… Modification Of Dilution Passing Flows
Assimilative capacity is the ability of a natural body of water to receive wastewaters or
toxic materials without harmful effects. Some passing flows are set based on the need for
sufficient assimilative capacity at a downstream point to meet a set standard. If the waste
load increases or the water-quality standard becomes stricter, the passing flow may have
to be increased. If the waste load decreases, or the water-quality standard is relaxed, the
passing flow may be reduced without causing a violation of the standard. This highlights
the interdependence of water quantity and quality.
… Relaxation of Reservoir Passing Flows During Droughts
A reservoir system's safe yield is that volume of water it can reliably deliver during a repeat of the most stressful conditions yet experienced. Reservoirs with a minimum-release
or minimum-instream passing flow must release water to the stream and this can decrease
storage during a drought. As an additional safety factor, some reservoir passing flows are
reduced during a drought, providing an additional margin of safety.
-- page 14 --
History of Passing Flows in New Jersey
The application of passing flows in New Jersey has evolved with time. The history of
passing flows starts in 1907 when the Water Supply Management Act formed the New
Jersey Water Supply Commission (NJWSC) (New Jersey Water Supply Commission,
1908). Before 1907, the State was not involved in regulating withdrawals other than by
issuing charters to water companies. These water companies, and industrial users, protected their water rights by means of the legal system. After 1907, in response to drought,
water-quality issues, the need for regional water-supply systems, and water-use conflicts,
the State became more and more involved in regulating water withdrawals and establishing passing flows.
The NJWSC has been succeeded by a series of State water supply agencies -- the State
Water Supply Commission in 1929, the Water Policy and Supply Council in 1947, then
the Department of Environmental Protection (NJDEP) in 1981 (Goldshore, 1983). Currently water allocation permits are issued by the Division of Water Supply & Geosciences within the NJDEP. Contemporary regulations go into more detail about how to set
passing flows, calculate excess diversion fees, and how passing flows apply to different
types of water uses (appendix C).
As the State's understanding of the aquatic ecosystem has increased, and the streams have
become increasingly heavily used, the approaches to setting passing flows have become
more sophisticated. However, some of the oldest passing flows requirements have been
incorporated into contemporary permits and enabling statutes and thus are still applied.
The following sections present a brief history of selected passing flows in New Jersey.
Pre-New Jersey Water Supply Commission
New Jersey's large water-supply reservoirs date from the late 19th and early 20th centuries.
The East Jersey Water Company built the Oak Ridge, Clinton and Macopin reservoirs in
pristine areas in northeast New Jersey to capture water from the Pequannock watershed
for use by the City of Newark. These reservoirs, and the required 21-mile-long pipeline to
deliver the water, were completed in 1892 (Cunningham, 1994). They supplied clean water that replaced polluted supplies closer to Newark. No passing flows were placed on
these reservoirs at that time.
The Hackensack Water Company (subsequently the Spring Valley Water Company)
deepened a mill pond on the Hackensack River to create the Oradell Reservoir in 1902. It
was expanded in 1912 by installation of a taller wooden dam, and then expanded again in
1923 by installation of a 22-foot high concrete dam (Leiby and Wichman, 1969). Passing
flows were not required downstream of the reservoirs, possibly because by the time they
-- page 15 --
were built, the Hackensack Water Company had acquired all downstream water rights on
the Hackensack River.
The first argument for passing flows appears to have been in the 1893 State Geologist's
report (New Jersey Geological Survey, 1894). It discussed the threat to human health
posed by the poor water quality of the Passaic River below Little Falls. It suggested
building small water-storage facilities on the upper Passaic and lower Whippany Rivers
(which were judged to be unsuitable for large reservoirs due to topography) and using
controlled releases to increase dry-season flow in the lower Passaic. Had this plan been
implemented, the increased dry-season flows would have provided more dilution of the
untreated wastewater and industrial waste that entered the Passaic River at that time, thus
improving water quality.
New Jersey Water Supply Commission
The State's involvement with regulating water withdrawals dates to the founding of the
New Jersey Water Supply Commission (NJWSC) in 1907 (New Jersey Water Supply
Commission, 1908; Goldshore, 1983). The NJWSC was established in response to a proposal to export water from Hudson County to Staten Island, New York (Sackett, 1914).
This proposal met with opposition in the State Legislature but was not finally rejected
until after a decision by the U.S. Supreme Court.3
The NJWSC's enabling legislation spells out payment rates for excess diversion fees (appendix D) and includes the concept of a passing flow based on low streamflow. Its rules
of procedure explicitly called for "protection of lower riparian owners in low flow seasons" as part of analyzing a new withdrawal request (New Jersey Water Supply Commission, 1909).
Wanaque Reservoir
The first mention of a specific passing flow in the NJWSC's records occurs in connection
with the Wanaque Reservoir, on the Wanaque River in Passaic County4. This reservoir
was constructed by the North Jersey District Water Supply Commission, a consortium of
3
U.S. Supreme Court, HUDSON COUNTY WATER CO. v. MCCARTER, 209 U.S. 349 (1908). This
judgment is also notable for the following:
"We are of opinion, further, that the constitutional power of the state to insist that its natural advantages shall remain [209 U.S. 349, 357] unimpaired by its citizens is not dependent upon any
nice estimate of the extent of present use or speculation as to future needs. The legal conception of
the necessary is apt to be confined to somewhat rudimentary wants, and there are benefits from a
great river that might escape a lawyer's view. But the state is not required to submit even to an aesthetic analysis. Any analysis may be inadequate. It finds itself in possession of what all admit to be
a great public good, and what it has it may keep and give no one a reason for its will."
4
From records of the NJWSC on file with the NJDEP, microfiche #91, 'North Jersey District Water
Supply Commission.'
-- page 16 --
several northeastern municipalities searching for a dependable water supply (Goldshore,
1983). Several downstream water users objected to the proposed increased water use, including the Dundee Water Power & Land Co., East Jersey Water Co, Acquackanonk Water Co., and the Society for Establishing Useful Manufactures. To protect these downstream water rights, the permit, issued December 19, 1916, required that "The dry-season
flow of the Wanaque River below the dam must at all times be maintained at a minimum
of 12,000,000 gallons per diem." (North Jersey District Water Supply Commission, 1926)
This constant-release passing flow was criticized by the North Jersey District Water Supply Commission as being too great of a discharge. In response, the NJWSC modified the
Wanaque reservoir's constant-release passing flow to be equal to the dry-season flow
above the reservoir, exclusive of the watershed above Greenwood Lake.
The lowered passing flow was criticized by the owners of the Morris Canal - the Morris
Canal & Banking Co. and the Lehigh Valley Railroad Co. The Morris Canal carried
barges from the Hudson River to the Delaware River across northern New Jersey. Commercial traffic on the canal began in 1832.5 Water was fed into the canal at several locations, including a feeder canal that diverted water from the Wanaque River. To assure a
supply of water during dry seasons, the Morris Canal & Banking Company built a dam
on the Wanaque River in 1837 to create Greenwood Lake.6 Water was stored in the lake
during high flows and released during dry times to supply the downstream intake for the
Morris Canal. While barge traffic had stopped by the late 1800's, the canal's owners retained the water rights to withdraw water for the canal.
The Wanaque Reservoir is situated between Greenwood Lake and the Morris Canal's
Wanaque River intake. The canal owners felt that the reservoir would not pass a sufficient volume of water to enable canal operation and so sued to obtain more water. A
judge agreed, and ruled in 1922 that the operation of the dam must not lessen natural flow
below 77 cubic feet per second, which is equivalent to 49.8 million gallons per day.7 The
court also imposed a variable-release flow on the reservoir that tied releases from the
Wanaque Reservoir to inflows into the reservoir.
By 1929, the North Jersey District Water Supply Commission had obtained the Morris
Canal's water rights. With those objections negated, it then applied to the NJWSC to increase the height of the dam and to withdraw more water from nearby Post Brook. The
NJWSC gave approval with two revised passing flows. A variable-release passing flow
was applied linking releases from the reservoir to water being released by the upstream
Greenwood Lake. An additional constant passing flow of 350,000 gpd was applied to the
5
Canal Society of New Jersey web page (http://www.canalsocietynj.org/njcanals.html) accessed July 12,
2007.
6
Greenwood Lake Chamber of Commerce web page (http://www.greenwoodlakeny.org/about.htm) accessed July 11, 2007.
7
Court order by his Honor Edwin Robert Walker, Chancellor of the State of New Jersey, in the case of
Lehigh Valley RR Co. and Morris Canal. & Banking Co. vs. North Jersey District Water Supply Commission, September 25, 1922.
-- page 17 --
new intake pipe on Post Brook. These two passing flows are still in effect (pf 020 and
pf021 in Appendix B).
The lands of the Morris Canal passed into State ownership in the 1920s, including Lake
Hopatcong, constructed on the Musconetcong River in western New Jersey to supply water to the canal. The contemporary constant-release passing flow of 7.5 mgd (ID pf101 in
appendix B) on releases from the lake's dam appears to be a direct descendent of flows
originally imposed as part of the Canal's operation.8 The contemporary releases from the
dam are intended to maintain aquatic habitat, dilute treated effluent discharged from a
sewage treatment plant, and to run water-powered mills at Waterloo Village (NJDEP,
2011).
Selected Passaic Basin Locations
In the 1930's, the Passaic Valley Water Commission received a permit to withdraw water
from the Pompton and Passaic Rivers to supply a planned off-stream reservoir (Point
View Reservoir). This diversion was subject to a passing-flow requirement that no withdrawals were allowed when streamflow in the Passaic River at Little Falls was less than
800 cfs (517 mgd) (Tippetts-Abbett-McCarthy-Stratton Engineers, 1955). This large
passing flow was probably due to the need for high water flows by hydropower generators at Little Falls. Since the 1930's the demands of water supply have taken precedence
over power generation and the passing flows have been reduced. The Passaic Valley Water Commission now has a passing flow of 27.2 cfs (17.6 mgd) in the Passaic River at
Little Falls for withdrawals at Two Bridges (pf099 in Appendix B). It also has a passing
flow of 88 mgd on the Pompton River for its Jackson Avenue intake which pumps water
to the off-stream Point View Reservoir (pf098 in Appendix B).
In the 1950s NJDWSC built the Ramapo pump station on the Ramapo River in Pompton
Lakes. The intakes are located in Pompton Lake just upstream of the dam and were built
to increase the safe yield of the Wanaque Reservoir system. The water can be pumped to
either the Wanaque Reservoir (NJDWSC) or Oradell Reservoir (UWNJ) via a network of
large-diameter water mains. The 100 mgd pump station was expanded to 150 mgd in the
1980’s as part of the Wanaque South project to augment the Wanaque Reservoir system’s
safe yield. This intake has a passing flow of 40 mgd measured at the USGS gaging station 01388000 located just below the Pompton Lake dam on the Ramapo River (pf019).
In the 1980’s, NJDWSC and UWNJ built the Two Bridges pump station as part of the
Wanaque South project. This intake is located on the Pompton River directly upstream of
the confluence of the Pompton and Passaic Rivers in Wayne. It was designed to augment
and further increase the safe yield of the Wanaque system. The 300 mgd pumps can send
water to the Wanaque Reservoir (NJDWSC) or Oradell Reservoir (UWNJ) via the same
8
Unpublished letter from Oliver Hartwell, U.S. Geological Survey district engineer to H.T. Critchlow, NJ.
Dept of Conservation and Development, dated March 1, 1923, on file with the U.S.Geological Survey's
New Jersey Water Science Center.
-- page 18 --
network of water mains (pf018). The actual passing flow varies depending on PVWC
pumping. PVWC can withdraw water from the Passaic River at Little Falls or the Pompton River at Two Bridges (the same location as NJDWSC’s intake) (pf099). If PVWC is
taking water from Two Bridges the passing flow is 27.2 cfs, but if PVWC is taking its
water from Little Falls the passing flow is 143.3 cfs. This complex arrangement is partly
the result of water-quality differences between the two locations, the absence of other existing USGS gaging stations on the Passaic River below Two Bridges, and historic wateruse requirements.
Jersey City constructed the Boonton Reservoir on the Rockaway River in 1904. During
the drought of 1917 all incoming streamflow was diverted to Jersey City to satisfy its
demands. The only water in the Rockaway River directly downstream of the reservoir
came from inadvertent leakage through the dam9. During this drought the primary consideration was construction of a new supply pipe from the reservoir to Jersey City. A
passing flow was first imposed on the Boonton Reservoir in 1969. That year a sewage
treatment plant on the Rockaway River directly downstream of the Boonton Reservoir
encountered operational difficulties; poorly-treated effluent created a significant waterquality problem in the Rockaway River. A court imposed a constant-release passing flow
from the Boonton Reservoir of 7 mgd to improve water quality in the river (Steve
Nieswand, retired USGS and NJDEP employee, written communication, 2007). This
passing flow is still in effect but has been increased to 23 cfs (14.87 mgd). This is based
on a flow of 125,000 gpd-per-square mile for the reservoir's 119 square-mile watershed
(ID pf009 in appendix B). This release is also subject to an excess-diversion passing flow
of 10.83 cfs (table 2).
The Jersey City Water Department built the Split Rock Reservoir in the 1940's to hold
back flood water on Beaver Brook, a tributary of the Rockaway River upstream of the
Boonton Reservoir, for release during dry times. The NJWSC placed a constant-release
passing flow of 1 mgd on Split Rock Reservoir when it was constructed.10 In the 1965
drought this passing flow was temporarily suspended as an emergency measure. Beaver
Brook dried up, causing complaints by local residents about the need for water for fire
protection. A constant-release passing flow of 250,000 gpd was reimposed, then raised to
800,000 gpd in 1966. After the drought, the 1-mgd (1.55 cfs) constant-release passing
flow was reinstated and is still in effect (ID pf010 in appendix B).
In 1926, the Commonwealth Water Company (now New Jersey-American Water) applied
to the Water Supply Commission to withdraw water from Canoe Brook in Millburn
Township, Essex County.11 The permit was granted with a modified constant passing
flow. No withdrawals were allowed when flow in Canoe Brook directly upstream of the
intake was equal to or less than 3.5 mgd. However, when upstream flows exceeded this
9
From records of the NJWSC on file with the NJDEP, microfiche #140,'Jersey City.'
From records of the NJWSC on file with the NJDEP, microfiche #140, 'City of Jersey
City Split Rock Pond Application.'
11
From records of the NJWSC on file with the NJDEP, microfiche #250, 'Commonwealth Water
Company.'
10
-- page 19 --
rate, the withdrawal was allowed to reduce streamflow to 1.375 mgd, but no lower. This
passing flow is still in effect but has been modified to a constant passing flow of 1.37
mgd (ID pf086 in appendix B).
In 1954, the Commonwealth Water Company applied to the NJWSC to withdraw water
from the Passaic River.12 This was granted, subject to the conditions that there would be
no withdrawals between June 1 and September 30, and subject to a constant passing flow
of 75 mgd in the Passaic River. This constant passing flow is still in effect (ID pf087, appendix B).
Selected Raritan Basin Locations
The Spruce Run and Round Valley Reservoirs in the Raritan Basin are operated by the
N.J. Water Supply Authority (NJWSA). The Spruce Run Reservoir is an on-stream reservoir; it dams Spruce Run and Mulhockaway Creek. The Round Valley Reservoir is an
off-stream reservoir; it was formed by closing off a large valley. The reservoir's small
watershed (5.7 mi2) does not supply sufficient water to make it a reliable water source
without augmentation. Water from the South Branch Raritan River at Hamden is pumped
to fill the reservoir. Water can be released to augment flow in the South Branch Raritan
River, or it can be released to the South Branch Rockaway Creek.
These reservoirs are subject to constant-release passing flows set directly below the impoundments. The NJWSA is also required to operate the reservoirs to release sufficient
water to maintain constant passing flows at three downstream flow gages: 40 mgd at
Stanton; 70 mgd at Manville; and 90 mgd at Bound Brook (fig. 2, table 3). These passing
flows are written into the enabling legislation that authorized and funded the reservoirs
(Shanklin, 1974). These passing flows are also higher, in general, than low flows observed on a significant number of summer days before the reservoirs were built (fig. 2,
table 4).
It appears that these three major passing flows are based on different methodologies. At
Stanton, the 40-mgd passing flow is equivalent to 0.272 mgd/mi2. This is consistent with
the recommendation of a passing flow made by the Tippetts-Abbett-McCarthy-Stratton
Engineers study (1955) of the volume of water needed to meet future water requirements,
provide adequate dilution, and prevent salt-water intrusion in the Raritan Basin. The 70mgd passing flow at Manville is equivalent to 0.143 mgd/mi2. This number is consistent
with Vermeule's (1894) estimate of average daily flow during the driest flow in the Passaic River basin of 0.125 mgd/mi2. The 90-mgd passing flow at Bound Brook was based
on the volume of water needed at that time to dilute treated effluent from a sewage treatment plant to acceptable standards (Don Kroeck, retired NJDEP employee, oral communication, 2004).
12
From records of the NJWSC on file with the NJDEP, microfiche #816, 'Commonwealth Water Company,
Summit, Union Co.'
-- page 20 --
Methods of Setting Passing Flows
Passing flows can be set using a variety of methods. The methods can be divided roughly
into three general categories: preservation of flows, preservation of water quality, and
preservation of the aquatic ecosystem. Each general category includes several methods.
Preservation of Flows
Preservation of flows has historically been accomplished by analyzing low flows. The
rationale behind preservation of low flows is that these occur naturally and downstream
users have adapted to occasional flows at this level. These low flows have historically
been used in the safe-yield evaluation of downstream water supplies.
New approaches are beginning to look at preserving average and high flows. These approaches assume that the natural ecosystem requires a range of flows, so in order to preserve the ecosystem it is necessary to preserve more than only summer low flows. This
approach is incorporated into the Tennant, Aquatic Base Flow, and Natural Flow Paradigm methods described in the following section on preservation of the aquatic ecosystem.
… Vermeule's dry-weather flows
The amount of water available during dry periods is a limiting factor for both water supply and hydropower. C.C. Vermeule (1894) analyzed streamflow and developed estimates of natural low flows, including average for the driest month and driest day (table
5). These estimates, expressed as flow per square mile of watershed area, were based on a
geographic grouping of streams. The range in natural low flows is a function of the ability of aquifers in the watershed to hold and release water to the streams during rainless
periods. Passing flows based on these values are a way to ensure that downstream users
always have the water flow that can be expected dry periods.
The first passing flows were applied in the Passaic River watershed. The Wanaque Reservoir has a watershed area of 90.4 square miles. It has a constant-release passing flow of
10 mgd. This represents 111,000 gallons per day per square mile (gpd/mi2). This estimate
appears to be based on Vermeule's estimate of driest daily flow in the Passaic River watershed of 110,000 gpd/mi2 (equivalent to 9.94 mgd). The available records do not explicitly state how the passing flow for the Wanaque Reservoir was set but this is a reasonable
assumption.
Vermeule (1894) estimated an average flow in the driest month of 127,000 gpd/mi2 in the
Passaic River watershed. This number appears to be the source of the default passing-
-- page 21 --
flow standard specified in the Water Supply Allocation Rules at 7:19-4.6(f) (Paul Schorr,
NJDEP, DWSG, oral communication, 2006):
"Where the passing flow is not specified above, it shall be fixed by the
Department based on an amount equal to the average daily flow for the
driest month, as shown on existing records or in lieu thereof, 125,000 gallons for each square mile of unappropriated watershed above the point of
diversion."
If the flow rate of 125,000 gpd/mi2 is meant to be an estimate the average daily flow for
the driest month, then it will overestimate the actual dry-weather flow in some basins,
such as the Raritan, which generally have lower dry-weather flows. Also, 125,000
gpd/mi2 underestimates the flows in other basins, such as those in the coastal plain, where
dry weather flows are generally higher (table 5).
Table 5. Vermeule (1894) estimates of dry-weather streamflow
Location
Class of Streams
Streamflow
(gallons per day per square mile)
average for
driest day
driest month
ordinary watersheds
81,000
81,000
streams with large
groundwater contribution
140,000
110,000
Delaware River above Trenton
127,000
110,000
Passaic River
127,000
110,000
Hackensack River
123,000
122,000
Raritan River
84,000
84,000
small streams
22,000
5,000
Trenton to Camden
168,000
120,000
Camden to Bridgeton
168,000
120,000
168,000
120,000
168,000
168,000
Kittatinny Valley and Highlands
watersheds
streams on watersheds of
red sandstone
watersheds of the Delaware River
coastal stream watersheds
streams with moderate
groundwater contribution
streams with large
groundwater contribution
-- page 22 --
… Downstream water rights
The first passing flows were established to prevent negative impacts to existing downstream water withdrawals. These passing flows are set to insure that newer, upstream
withdrawals do not interfere with older, downstream withdrawals, even during low-flow
periods. These flows were mainly applied to large upstream infrastructures, such as reservoirs, that have the capability to significantly alter streamflow. Under the contemporary
system of regulations, new water withdrawals may not have a significant adverse impact
on pre-existing users. The NJDEP may set a passing flow to allow sufficient water to pass
by a new intake point to supply downstream users. During the permitting process, established users have the right to comment on any new withdrawal that they believe may adversely impact their ability to withdraw a sufficient volume of water.
Preservation of Water Quality
Treated wastewater is routinely discharged into the surface waters of New Jersey. This
activity is highly regulated by the U. S. Environmental Protection Agency (USEPA) and
NJDEP. The discharges may not cause a violation of surface-water-quality standards. The
allowable waste loads are calculated as a function of streamflow volumes, quality of the
effluent and the receiving water, and the surface-water-quality standards. The allowable
load is usually calculated assuming a representative low flow. If flows decline below the
design flow then the discharge may cause a violation of water-quality standards.
...Annual 7Q10 flows
The Federal Clean Water Act, (33 U.S.C. § 1251, et seq.) specifies water-quality criteria
that discharges to streams must meet. Many of the quality calculations are based on low
streamflow so that the discharge does not cause a violation at these flows. One of the
most common flows used in calculating allowable discharges is the annual 7Q10 flow
(U.S. Environmental Protection Agency, 1991). This is the average 7-day flow that has a
10-percent chance of occurring each year. This is roughly equivalent to the flow expected
to occur in only one year out of ten and, in New Jersey, is roughly equivalent to summer
drought flows. This water-quality approach has been used to establish passing flows. The
justification is that if a withdrawal is not allowed to reduce streamflow below the annual
7Q10 flow then streamflow should be sufficient to dilute any downstream discharges to
acceptable quality. Using the annual 7Q10 flow as a passing flow has become very common as it is supported in Federal regulations and for most streams is relatively easy to
calculate.
The annual 7Q10 flow is not designed to be an estimate of low flows during a 'pristine'
period in the past. If streamflow changes, due either to upstream withdrawals and discharges or to the effect of land-use changes, then the annual 7Q10 flow changes. The
U.S. Geological Survey periodically recalculates annual 7Q10 values and makes them
available to the public over the internet at http://nj.usgs.gov/flowstatistics/ (Reiser and
-- page 23 --
others, 2002). Changes in annual 7Q10 flows with time can provide information on
trends in low flows but do not identify the causes of the changes (Watson and others,
2005).
The annual 7Q10 is frequently misinterpreted as a flow that is intended to be protective
of stream ecology. However, there are no ecological data supporting this position. Recent
research shows that the annual 7Q10 flow represents a significant stress on the natural
aquatic ecosystem. The foreword in Annear and others (2004) says:
"There is adequate warning and justification against the use of a singleflow recommendation, like 7Q10, for fishery and riverine management."
The Massachusetts Department of Fish and Game concludes:
"Although such a low streamflow value, roughly equivalent to a ten-year
drought, is appropriately used in the context of limiting pollution discharges, the 7Q10 flow statistic is sometimes inappropriately claimed to
represent an adequate streamflow for maintaining a healthy aquatic ecosystem, when in fact much higher streamflow levels are required."13
The annual 7Q10 flow can be expressed on an areal basis. Reiser and
others (2002) provide annual 7Q10
flows and watershed area for many
stream gages in New Jersey. Of the
387 gages for which calculations of
the areal 7Q10 flow is possible, at
218 gages the areal annual 7Q10
flows are less than 100,000 gpd/mi2.
At 124 gages the areal annual 7Q10
flow is in the range of 100,000 to
250,000 gpd/mi2. At 45 gages the
areal annual 7Q10 flows exceed
250,000 gpd/mi2. Figure 3 shows the
areal distribution of these rates. Figure 4 shows the calculated annual
7Q10 flow per watershed area plotted against watershed area. This
analysis shows that the default average daily flow for the driest-month
value of 125,000 gpd/mi2 is not an
appropriate approximation of the
13
Figure 3. Annual 7Q10 flows per unit watershed area in New Jersey
MA Dept. of Fish and Game, Riverways Program, 7Q10 fact sheet. Accessed at
http://www.mass.gov/dfwele/river/programs/rifls/lf_7q10.htm on 6/11/07.
-- page 24 --
annual 7Q10 flow at most gages in New Jersey.
The variability in annual 7Q10 flow per
unit watershed area
may be due to three
factors: geology, subsurface drainage areas, and water transfers. Each is discussed below.
Figure 4. Annual 7Q10 flows per unit watershed area vs. watershed area
First, the geology of New Jersey is varied. Those formations consisting of water-bearing
sand, such as most of those in the southern part of the Sate or those in the glacial valleyfilled regions in northern part of the State, supply greater base flows during dry periods.
This is due to the greater storage capacity of sand as compared to rock. Areas of bare
rock, such as those in parts of northern New Jersey, cannot supply as much water to
streams during dry periods because their capacity to store and transmit water is limited.
This greatly affects annual 7Q10 values inasmuch as these flow are sustained by groundwater discharged from aquifer storage.
Second, surface-water drainage basins are defined as watersheds. Groundwater drainage
areas may or may not coincide with surface watersheds. Streams which receive groundwater from a drainage area much greater than their surface watershed may have a disproportionally greater 7Q10 flow.
Third, humans transfer water into and out of some watersheds. These alterations may significantly affect low flows. Watersheds that lose water to exports are expected to have
lower annual 7Q10 flows. Watersheds that gain water from imports or have reservoirs
that release water at low-flow times have increased annual 7Q10 values.
...Monthly 7Q10 flows
Monthly 7Q10 flows are calculated the same way as annual 7Q10 flows, but use only the
values from one calendar month. Thus a January 7Q10 flow is that average 7-day flow
that has a 10-percent chance of occurring each January. It may be interpreted as a flow
that is characteristic of a January drought. Monthly and annual 7Q10 flows at several
stream gages in New Jersey are in figure 5.
-- page 25 --
Figure 5. Monthly and annual 7Q10 flows at selected streamflow gages.
Monthly 7Q10 flows could be the basis for setting passing flows. In Georgia, monthly
7Q10s are now one option for setting regulatory instream flows (Georgia Board of Natural Resources, 2001; Caldwell, 2005).
…Other dilution considerations
In the late 1950s, passing flows were set for the Raritan River to guide operation of the
Spruce Run and Round Valley Reservoirs. A passing flow of 90 million gallons per day
(mgd) was set at the Bound Brook gage. This volume was selected in part to provide sufficient dilution of treated effluent discharges at that time on the lower Raritan River (Don
Kroeck, retired NJDEP employee, oral communication, 2004).
Preservation of the aquatic ecosystem
Passing flows set to protect the natural aquatic ecosystem are commonly referred to as
instream flows or environmental flows. Calculating instream flows is complicated as it
requires the integration of the numerical, engineering approach of hydrologists with the
descriptive, environmental approach of aquatic biologists. A successful instream flow
requirement builds on the strengths of both parties.
-- page 26 --
Methods of setting instream flow are based either on a statistical analysis of streamflow
(such as the Tennant method, Aquatic Base Flow, or natural flow paradigm) or on a species-centric analysis of habitat needs. Each of these is discussed below. In general, a statistical approach produces one or more evaluation criteria that are used to compare flows
before and after a withdrawal. If the criteria do not change too much, the assumption is
that the withdrawal will not significantly impact the aquatic ecosystem. This is easier to
implement as a permit condition in a regulatory setting. A species-centric analysis requires analyzing the complex relations between flows and species integrity, and setting
appropriate ecosystem-integrity assessments to guide flow-management decisions. These
complex relationships must then be converted into standards that can be written into a
permit condition in order to be useful in a regulatory setting.
…Tennant method
The Tennant (or Montana) method is based on a relation between a percentage of the average annual flow (QAA) and assumed habitat quality during two periods of the year
(Tennant, 1976). It assumes that 10-percent of QAA must be retained in the stream yearround to support a 'poor' habitat and to prevent severe degradation. Streamflow must be
maintained at 30-percent of the QAA during the period April-September and 10-percent
October-March in order to support a 'fair' habitat. To support a 'good' aquatic habitat, 40percent of the QAA is needed April-September and 20-percent October-March. The
NJDEP has not applied the Tennant method to any streams in New Jersey in order to set
permit conditions.
… Aquatic Base Flow
The aquatic base flow (ABF) method, also known as the New England method, uses the
median of selected annual monthly flows to determine required passing flows during different seasons (U. S. Fish and Wildlife Service, 1981). The median annual August
monthly flow is used to estimate necessary summer flows. Summer is defined as midJune to mid-October. The fall and winter period is mid-October to March, and required
flows defined as the median of annual February flows. Spring is April to mid-June, and
required flows defined as the median of annual April and May flows. This method was
developed using data from 48 gaging stations in New England, each with more than 25
years of satisfactory flow records and a watershed of at least 50 square miles. The NJDEP
has not applied the aquatic base flow method to any streams in New Jersey in order to set
permit conditions.
…Natural Flow Paradigm
Another statistical approach is the natural flow paradigm (Poff and others, 1997; Ricter
and others, 1998). The natural flow paradigm recognizes that streamflow is a master variable that governs the aquatic ecosystem and that the full range of flows are critical for
sustaining a stream's ecology. The natural flow paradigm comes from recent work in the
field of fluvial ecology. Bencala and others (2006) summarize this approach as a
-- page 27 --
"more holistic view that the science is incapable of understanding the complexity of ecosystems, so management strategies must focus on restoring the fundamental drivers of ecosystem function rather than incrementally managing pieces."
The natural flow paradigm is the foundation of the Indicators of Hydrologic Alteration
(IHA) method (Ricter and others, 1996, 1997, 1998). This approach has not yet been implemented in New Jersey in a regulatory application. Recent research, however, has
shown its potential usefulness (Kennen and others, 2007). In particular, Hoffman and
Rancan (2009) investigate using the natural flow paradigm to set monthly instream flows
in New Jersey streams. This approach is being used as one tool to assess the water supply
of watersheds as part of the ongoing update of the New Jersey Water Supply Master Plan.
…Habitat analysis
A habit analysis involves linking flows to habitat and/or health for one or more aquatic
species. The goal is to identify a low flow that supports an acceptable level of ecological
health. This type of analysis is most advanced in regard to the water needs of trout
(Stone, 1877; Crisp, 2000).
In the 1940's, New York City began operating reservoirs on the Upper Delaware River in
New York State. As part of an interstate agreement ordered by the U.S. Supreme Court in
1931 and amended in 1954, constant-release passing flows were imposed on these reservoirs. The City was given flexibility in reservoir operation as long as passing flows were
maintained at two downstream monitoring points in New Jersey -- Montague and Trenton. These passing flows were based in part on work done in 1952 by Professor Harold
Haskin of Rutgers University on the effect of changing salinity in Delaware Bay on oysters (Ford, 2003). Thus, one goal of the passing flows is to protect the oyster harvests
over 300 river miles downstream of the reservoirs.
Habitat analysis has also been extensively applied to trout production. Reservoirs which
consistently discharge cool water may support a significant downstream trout population.
Passing flows may be set to insure discharge of enough cool water to maintain appropriate temperatures in downstream sections of the river during the summer. Cool-water reservoir releases from New York City's reservoirs on the Upper Delaware River support a
significant trout population, much larger than the one before the reservoirs were built.
The 1954 Supreme Court Decree has been modified by unanimous consent of the Decree
Parties several times partially in order to better maintain trout habitat immediately downstream of the reservoirs. Bovee and others (2007) present a habitat analysis designed to
better understand how changes in releases from these reservoirs might affect trout habitat.
Optimizing streamflow for the benefit of one species may have detrimental effects on
other species (Sparks, 1995). It is time-consuming and expensive to ascertain the rela-
-- page 28 --
tionships that link ecological health to flows . Thus it is tempting to focus on a charismatic species (trout, for example), an economically-important species (oysters), or an endangered species (dwarf wedgemussels), and assume that if that species is thriving all
others species are also. Unfortunately, multi-species ecological models are rarely, if ever,
used (Pilkey and Pilkey-Jarvis, 2007).
Contemporary New Jersey regulations
In calculating excess-diversion passing flows, NJDEP regulations allow using the average daily flow for the driest month or, if this is not available, 125,000 gpd/mi2 flows
(N.J.A.C. 7:19-4.6(f)). This value is probably based on Vermeule's estimate of average
daily flow in the driest month in the Passaic watershed (127,000 gpd/mi2). (Paul Schorr,
DWSG, NJDEP oral communication, 2006).
Passing flows calculated for public water supplies can also be set using the same approaches as those for the excess-diversion passing flows (N.J.A.C. 7:19-1.6(e)1). Passing
flows calculated for non-public water supplies commonly use a 7Q10 approach (N.J.A.C.
7:19-1.6(e)2).
NJDEP regulations also require that new withdrawals not adversely impact current users.
Documented downstream water needs can provide the justification for setting passing
flows that exceed either 125,000 gpd/mi2 or estimated 7Q10 flows.
-- page 29 --
Contemporary Passing-Flow Locations and Standards
The NJDEP's water-allocation regulations call for a passing flow to be imposed on any
surface-water or groundwater diversion that impacts a surface-water source (N.J.A.C.
7:19-1.6(e)). As of early 2007, there were 103 passing flow standards set in New Jersey
(fig. 6, appendix B). These are set as a permit condition on water that can be withdrawn
at a rate of 100,000 gallons per day or greater for a month or longer.
Some large purveyors must meet
multiple passing flows. For example, the New Jersey Water Supply
Authority (NJWSA) must meet a
passing flow of 7.75 cfs downstream of the dam of the Spruce
Run Reservoir (ID pf053 in appendix B). It must also meet two passing flows related to the Round Valley Reservoir -- 0.17 mgd into the
South Branch of Rockaway Creek
and 0.83 mgd into Prescott Brook
(IDs pf057 and pf058 in appendix
B, respectively). In addition, the
NJWSA must operate the reservoirs
to meet passing flows at three
downstream stream gages on the
Raritan River -- 40 mgd at Stanton,
70 mgd at Manville, and 90 mgd at
Bound Brook, (IDs pf056, pf055,
and pf054 in appendix B, respectively). This sequence of passing
flows attempts to mitigate the impacts of reservoir operation upstream of the gages.
Figure 6. Passing-flow monitoring and action points, January 2008
-- page 30 --
Implementation of Passing Flows
A review of the contemporary passing-flow requirements in New Jersey (Appendix B)
shows a wide range in language and terms. Some may be open to interpretation.
For example, the New Brunswick City Water Department withdraws water from Weston's Pond on Lawrence Brook under allocation permit 5337. The passing flow imposed
on this permit (ID pf022) is:
"Diversion from Weston's Pond shall not cause the river flow
measured at USGS gauging station at Weston's Mill Dam on Lawrence Brook to be <8.7 cfs."
This permit is clear that if the river flow exceeds 8.7 cfs, then the diversion may not
cause the flow to fall below that value. But the permit condition is unclear on whether or
not the diversion must cease if the natural flow is less than 8.7 cfs. In practice this is interpreted as requiring all withdrawals to cease when natural flow falls below 8.7 cfs.
In contrast the Spring Meadow Golf Course has a passing-flow permit condition that
clearly defines the relationship between withdrawals and the passing flow. This facility
withdraws water from the Manasquan River under allocation permit 4035PS. The passing
flow imposed on this permit (ID pf066) is:
"Diversion from the intake shall not cause the river flow measured
at USGS gauging station at Squankum to be < 21.5 cfs. Pumping
shall cease when flow is at or below passing flow 21.5 cfs."
Another practical difficulty occurs when multiple passing-flow permit conditions are
based on the same monitoring point. If two different intakes (action points) have the same
monitoring point, it may be difficult to assign responsibility when streamflow declines
below the passing flow. This may not be an issue where the same purveyor owns both
intakes. But if different purveyors have withdrawals that are tied to the same monitoring
point, they must cooperate to insure an equitable use of the stream.
Some permit conditions are tied to conditions other than streamflow. For example, the
Sayreville Borough Water Department withdraws water from the South River under allocation permit 5313. Its passing flow condition (ID pf015) is tied to flow in the South River and to chloride concentration in the diverted water.
It is not necessary for the monitoring point to be located downstream of the action point.
If streamflow at the action point can be correlated to an upstream or nearby stream gage
then the permit condition can be written to account for this relationship. For example, the
Brick Township MUA withdraws water from the North Branch Metedeconk River under
-- page 31 --
allocation permit 5172. Its withdrawals are governed by observed flow in the stream gage
01408120, which is upstream of the action point. The permit condition says:
"Diversion shall cease when the river flow at USGS gaging station
01408120 is < 14 cfs. Diversion of over 16 MGD may only occur
if the flow at the gage is in excess of 31.6 cfs". (ID pf008)
As flow at the upstream gage increases from 14 to 31.6 cfs, Brick's withdrawals are allowed to increase linearly according to a condition in the permit.
The stream gage may also be in a different, but close, watershed. In this case, the assumption is that streamflow at the monitoring point is affected by the same hydrologic conditions that govern streamflow at the action point. There are currently no examples of this
in New Jersey.
These examples show the ambiguity that may arise if a passing flow condition is not
worded precisely. A clear statement of the passing-flow conditions should be unambiguous and applicable in a regulatory/enforcement setting. This would assist both the Department and the permitted party.
In an attempt to promote clear and consistent permit conditions, table 6 presents suggested wording for permit conditions for each type of passing flow and a range of actionpoint/monitoring-point relationships. Each relationship is given a type code that is used to
characterize each passing flow in Appendix B. This characterization is based on an interpretation of the current permit conditions.
-- page 32 --
Table 6. Suggested wording for passing-flow permit conditions
Type
Goal of passing flow
code
I1
I2
I3
I4
R1
R2
R3
R4
R5
Proposed wording
-----Diversions: Intake Passing Flows ----Diversion from {action point} is to cease whenever
Diversion is not to reduce streamflow streamflow at {monitoring point} is equal to or less than
downstream below the passing flow. {PF}. Diversion at {action point} is never to cause
streamflow at {monitoring point} to fall below {PF}.
Diversion is to cease when streamflow Diversion from {action point} is to cease whenever
upstream or nearby falls below a spec- streamflow at {monitoring point} is equal to or less than
ified value.
{value}.
Diversion from {action point} must be reduced whenever
Diversion is to lessen when streamstreamflow at {monitoring point} is equal to or less than
flow falls below a specified value.
{value} according to the following set of rules …
Diversion from {action point} is to cease based on {other
Diversion is to cease based on a metmetric} at {monitoring point} according to the following
ric other than streamflow.
rules …
----- Releases: On-Stream Reservoir Passing Flows ----Releases from the {action point} shall equal or be greater
Minimum-release passing flow.
than {PF} at all times.
Releases from the {action point} shall maintain streamMinimum-instream passing flow.
flow at {monitoring point} at or greater than {PF} at all
times.
Releases from the {action point} shall equal or be greater
than {PF} whenever inflows to the reservoir are equal to
Variable-release passing flow.
or greater than {PF}. Releases from the reservoir shall be
equal to or greater than inflows to the reservoir whenever
the inflows are less than {PF}.
Releases from the {action point} shall equal or be greater
than {PF} whenever streamflow at {monitoring point} is
Variable-release passing flow based
equal to or greater then {value}. When streamflow at
on monitoring point upstream or
{monitoring point} is less than {value} then releases from
nearby.
the {action point} shall be governed by the following rules
…
Releases from the {action point} are governed by {other
Releases based on a metric other than
metric} at {monitoring point} according to the following
streamflow.
rules…
Notes:
(1) Off-stream reservoirs may have a passing flow that applies to the intake pipe that supplies the
reservoir and another passing flow governing discharges from the dam.
(2) Small dams built to provide a deeper pool as part of a surface-water intake facility are not considered
to be part of a reservoir system.
(3) Definitions:
Action Point - where purveyor can take an action to modify stream flow
Monitoring Point - where streamflow or another appropriate metric is measured
PF - passing flow
-- page 33 --
Relaxation of Passing Flows
Passing flows on potable intakes and reservoirs are commonly relaxed during declared
drought emergencies in order to protect the State’s water supply. Passing flows can decrease the storage in a reservoir if the required release rate exceeds the inflow rate. Reducing these passing flows slows the rate of water-storage decline during dry periods,
retaining water for later use. Purveyors commonly request relaxation of passing flows
during the early stages of a drought to ensure that adequate supplies will be available later if conditions continue to worsen.
During the 2002 drought, NJDEP reduced 17 passing flows in order to protect watersupply sources (table 7). The intent was to reduce those passing flows that were set higher than the flows used for calculating effluent-discharge limits at downstream discharge
points. Thus, reducing the reservoir passing flows to the discharge-design flows need not
create a water-quality violation. The initial reduction of passing flows was followed by a
more thorough review of discharges and design flows. This resulted in a modification of
some of the passing flows. During this review process there were insufficient data available to allow an evaluation of biological impacts of these passing-flow reductions. (Joe
Mattle, NJDEP, written communication, 2007). NJDEP monitored water quality to insure
that water-quality criteria were not violated. Test results showed that the reduced passing
flows did not cause any violations of NJDPES discharge permits during the drought.
-- page 34 --
Table 7. Reductions in passing flows during the 2002 droughta
Passing Flow (million gallons/day)
Affected
Stream
Location
Purveyorsb
original
AO2002-03a
Revisedc
----- Reservoirs and Lakes ----Wanaque River
Rockaway River
Swimming
River
Musconetcong
Riverd
Raritan River
Wanaque
Reservoir
Point View
Reservoir
Boonton
Reservoir
Swimming
River Reservoir
Lake
Hopatcong
Spruce Run
Reservoir
NJDWSC
10
5.0
2.6
PVWC
0.4
0.2
0.2
Jersey City
10
5.0
5.2
NJAWC
6.1
3.0
3.0
---e
7.5
4.4
4.4
NJWSA
5.0
--f
1.9
NJDWSC
40
10
10.
NJDWSC
88
68
29.0
92.6
72.6
46.9
75
17.6
55
13.6
36.5
13.6
----- Streams ----Ramapo River
Pompton River
Pompton
Lakes
Pompton
Plains
Two Bridges
Passaic River
Saddle River
Shark River
Jumping Brook
Manasquan
River
NJDWSC,
PVWC
NJAWC
PVWC
Chatham
Little Falls
Hohokus
Brook
Neptune City
Neptune City
United Water
9.0
4.0
4.0
NJAWC
NJAWC
1.2
0.8
0.8
0.5
0.8
0.5
NJWSA intake
NJWSA
8.0
6.0
6.0
N.B.
Metedeconk R.
Brick Twp.
9.0
7.0
7.0
gage
Bound Brook
NJWSA
90
70
90.
Raritan River
Stanton
NJWSA
40
30
21.5
a. Relaxation of passing flows set in Administrative Order 2002-03, issued by Commissioner Shinn,
NJDEP, January 24, 2002. Normal passing flows reinstated by Governor McGreevy's Executive Order
44 issued on January 8, 2003.
b. NJDWSC - North Jersey District Water Supply Commission
PVWC - Passaic Valley Water Commission
NJWSA - New Jersey Water Supply Authority
c. Recommendation of the NJDEP Drought Passing Flow Work Group, in memorandum addressed to Administrator Dennis Hart, Water Supply Administration titled 'Recommendations for revising passing
flows for several drought regions' and dated May 20, 2002.
d. The Lake Hopatcong release reduction was set in Administrative Order 2002-07, issued by Commissioner Bradley, NJDEP, March 15, 2002.
e. Lake Hopatcong is not normally a water-supply source but can be used in a drought emergency.
f. The passing flow directly out of the Spruce Run Reservoir was not addressed in Administrative Order
2002-03.
Metedeconk
River
-- page 35 --
Conclusion
Passing flows are an integral part of New Jersey’s water-resource management-strategy.
They are defined as either the rate at which a reservoir must discharge water or a streamflow that must be allowed to pass by an intake or monitoring point. The first statemandated passing flow in New Jersey dates back to 1916 on the Wanaque Reservoir and
was established to protect downstream water rights. Passing flows have since been established throughout the State to protect downstream users, water quality, and the aquatic
ecosystem. The Division of Water Supply and Geoscience in the New Jersey Department
of Environmental Protection is responsible for implementing passing flows as part of its
water-allocation and agricultural-certification permitting processes.
A passing-flow requirement must specify both an action point and a monitoring point.
The action point is the site where the streamflow is modified, such as an intake or dam.
The monitoring point is the site where streamflow is measured and may be at, upstream
or downstream of the action point. Appendix B lists the monitoring and action points for
the 103 passing-flow requirements in effect in 2007.
This report divides passing flows into three types, surface-water intake, reservoir, and
groundwater withdrawal. Surface-water-intake passing flows are subdivided into minimum-instream or excess-diversion passing flows. Reservoir passing flows are subdivided
into minimum-release, minimum-instream, variable-release and excess-diversion passing
flows. A groundwater passing flow is essentially equivalent to a surface-water intake
minimum-instream passing flow.
Passing flows are set using a variety of methods. The methods can be divided roughly
into three general categories: preservation of flows, preservation of water quality, and
preservation of the aquatic ecosystem. Preservation of flows is based on typical seasonal
low flow or the flow necessary to protect downstream water rights. Preservation of water
quality involves the dilution needed by a downstream discharger to meet water-quality
criteria. The annual seven-day average 10-year low flow (annual 7Q10) is the most commonly applied flow statistic used in New Jersey. The annual 7Q10 has been misinterpreted as being protective of the aquatic ecosystem. Passing flows designed to protect the
aquatic ecosystem are referred to as instream flows or environmental flows. They are typically based on a statistical analysis of streamflow, such as the Tennant, Aquatic Base
Flow or Natural Flow Paradigm, or on a species-centric analysis of habitat needs.
Passing flows are periodically reduced during droughts to provide an additional marginof-safety to a reservoir system’s safe yield. During the 2002 drought, NJDEP measurements showed no water-quality-criteria violations as a result of these reductions.
-- page 36 --
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Postel, Sandra, 1997, Last oasis, facing water scarcity: W.W. Norton & Co., New York,
239p.
Reiser, R.G., Watson, K.M., Chang, M. and Nieswand, S.P., 2002, Surface-water data
and statistics from U.S. Geological Survey data-collection networks in New Jersey on the World Wide Web: USGS Fact Sheet FS-109-02, 4p.
Ricter, B.D., Baumgartner, J.V., Braun, D.P. and Powell, J., 1998, A spatial assessment
of hydrologic alteration within a river network: Regulated Rivers Res. Mgmt, no.
14, p. 329-340.
Ricter, B.D., Baumgartner, J.V., Powell, J., and Braun, D.P., 1996, A method for assessing hydrologic alterations within ecosystems: Conservation Biology, v. 10,
no. 4, p. 1163-1174.
Ricter, B.D., Baumgartner, J.V., Wiginton, R., and Braun, D.P., 1997, How much water
does a river need?: Freshwater Biology, v. 37, p. 231-249.
Sackett, W.E., 1914, Modern battles of Trenton, v. II, from Werts to Wilson: The Neale
Publishing Co., New York, 422p.
Shanklin, G.R., 1974, Chronological historical summary of water supply and water resource legislation enacted by New Jersey state legislation with comments re accomplishments and objectives and institutional problems and issues relating to
water supply: unpublished manuscript on file at the New Jersey Geological Survey, 255 p.
Sparks, R.E., 1995, Need for ecosystem management of large rivers and their floodplains:
Bioscience, v. 45, no. 3, p. 168-182.
Stone, L., 1877, Domesticated trout: University Press, Welch, Bigelow & Co., Cambridge, Mass., 367p.
-- page 39 --
Tippetts-Abbett-McCarthy-Stratton Engineers, 1955, Survey of New Jersey Water Resources Development: report to the N.J. Legislative Commission of Water Supply, New York, variously paginated, 12 in. x 17 in. format.
U.S. Environmental Protection Agency, 1991, Technical support document for water
quality-based toxics control: Document no. EPA/505/2-90-001, Office of Water,
Washington, D.C., 335p.
U.S. Environmental Protection Agency, 1997, Terms of Environment: document no. EPA
175-B-97-001, Office of Communication, Education, and Public Affairs, Washington, D.C., 65p.
U.S. Fish and Wildlife Service, 1981, Interim regional policy for New England streams
flow recommendation: Newton Corner, Mass, U. S. Fish and Wildlife Service, 4p.
Vermeule, C.C., 1894, Report on water-supply, water-power, the flow of streams, and
attendant phenomena: New Jersey Geological Survey, v. III of the Final Report of
the State Geologist, 448p.
Watson, K.M., Reiser, R.G., Nieswand, S.P. and Schopp, R.D., 2005, Streamflow characteristics and trends in New Jersey, Water Years 1897-2003: U.S. Geological Survey Scientific Investigations Report 2005-5105, 131p.
Winter, T.C., Harvey, W.J., Franke, O.L., and Alley, W.M., 1998, Ground water and surface water, a single resource: U.S. Geological Survey Circular 1139, 79p.
-- page 40 --
Glossary
Annual 7Q10 - The annual-minimum 7-day-average flow that has a recurrence interval of
10 percent (or once in ten years). This is commonly considered to be representative
of a drought flow.
Aquatic Base Flow method - A methodology developed in New England to estimate instream flow needs (U.S. Fish & Wildlife Service, 1981).
Assimilative Capacity - The capacity of a natural body of water to receive wastewaters or
toxic materials without deleterious effects and without damage to aquatic life or
humans who consume the water. (U.S. EPA, 1997).
Environmental Flows - Passing flows that are set to protect the aquatic ecosystem.
Gaging station - A location on a stream where flow is measured. The U.S. Geological
Survey maintains a national network of gaging stations.
Hydroecological Integrity - A term that refers to maintaining those processes which sustain a water-based ecological system in a natural or unimpacted state.
Instream Flows - Passing flows that are set to protect the aquatic ecosystem.
Off-stream Reservoir - A reservoir that is built behind a dam in a valley with a small
stream but is filled primarily by a diversion on a different stream or river that is
piped into this reservoir. Releases may be over the dam or through a pipe. The
Round Valley Reservoir is an example in New Jersey.
On-stream Reservoir - A reservoir that is built on a stream. A dam is built on a stream
and a reservoir fills behind the dam. The reservoir is filled by runoff from the watershed upstream of the reservoir. Releases from the reservoir may be over the dam or
through a discharge pipe. This is also called a run-of-the-river reservoir. The Spruce
Run Reservoir is an example in New Jersey.
Passing Flows - The volume of water that must remain in a stream. This is required of
water-intake and storage infrastructures by a regulatory authority in order to support
downstream water needs.
Tennnant method - A method developed in Montana by Tennant to estimate instream
flow needs (Tennant, 1976).
Watershed - All the area which drains to a defined point, usually on along a stream. Also
called a drainage basin.
-- page 41 --
Appendix A. Acronyms and abbreviations
Acronym
7Q10
ABF
BWA
cfs
DWSG
GIS
gpd
mgd
MUA
NJDEP
NJGWS
QAA
USEPA
USGS
WD
Stands For
7-Day mean low-flow that occurs, on average, once in 10 years
Aquatic Base Flow
Bureau of Water Allocation, DWSG, NJDEP
cubic feet per second
Division of Water Supply & Geosciences, NJDEP
Geographic Information System
gallons per day
million gallons per day
Municipal Utilities Authority
New Jersey Department of Environmental Protection
New Jersey Geological & Water Survey
average annual flow
U.S. Environmental Protection Agency
U.S. Geological Survey
Water Department
-- page 42 --
Appendix B. Details of contemporary passing flow locations in New Jersey1
ID2
Purveyor
Allocation
Permit
Description
Action Point3
Monitoring Point3
Type
Code4
Requirement5
pf001
Perth Amboy
MUA, Runyon Watershed
5006
Deep Run Reservoir
intake - Deep Run
Reservoir
outlet - Deep Run
Reservoir
R1
Diversion from the intake shall not cause the river flow measured
at the gauge which shall be located at the sluice gate at the Deep
Run dam spillway, to be  2.2 cfs (1.42 mgd)
pf002
Ramsey Water Dept
5076
wells 15 & 16
wells 15 & 16
Ramapo River near
Mahwah gage (USGS
01387500)
I2
pf003
Lakewood
Twp MUA
5079
Cohansey Aquifer Well Nos. 5, 6a, 8, 9,
10, 11, 12, 13, 14,
15, 16, & 17.
wells - Cohansey &
Kettle Creek wellfields
Lake Riveria proposed
USGS gage
I1
pf004
Newark City
Water Dept
5123
Charlotteburg Reservoir
pf005
Newark City
Water Dept
5123
Oak Ridge Reservoir
Pequannock River
pf006
Butler Borough WD
5128
Kakeout Reservoir
pf007
Hackettstown
MUA
5145
Lower Mine Hill
Reservoir
pf008
Brick Twp
MUA
5172
N. Br. Metedeconk
River
intakes 1, 2a, 2b
intakes - N. Br.
Metedeconk River
pf009
City of Jersey
City
5268
Boonton Reservoir
intake - Boonton
Reservoir on Rockaway R.
intake - Pequannock
R, Charlotteburg
Reservoir
intake - Pequannock
River, Oak Ridge
Reservoir
intake - Kakeout
Reservoir on Stone
Brook
intake - Lower Mine
Hill Reservoir on
Mine Brook
Pequannock R at Macopin intake gage
(USGS 01382500)
Pequannock R just
downstream of Oak
Ridge Reservoir
Stone Brook just
downstream of Kakeout Reservoir
Mine Brook just downstream of Lower Mine
Hill reservoir
N. Br. Metedeconk
River near Lakewood
(USGS 01408120)
Rockaway R. below
Boonton Reservoir
gage (USGS
01381000)
All notes are at the end of the appendix.
─ page 43 ─
R2
Diversion from Well Nos. 15 and 16 to stop when the passing
flow in the river, as measured at the USGS gauging station in
Mahwah, to be < 12.32 cfs
Diversion from the proposed Cohansey well field and existing
Kettle Creek well field, shall not cause the passing flow (at the
gauging station to be installed near the head of Lake Riveria) to
be  1.5 cfs
Diversion (overall) shall not cause the passing flow at USGS
gaging station number 01382500 below the Macopin Dam to be
< 12.3 cfs .
R1
Releases (by City of Newark) from Oak Ridge Reservoir so the
passing flow immediately downstream is never < 5 cfs
R1
Diversion from the reservoir shall not cause the river flow measured below the Dam to be < 0.261 cfs
R1
Diversion from the Lower Mine Hill Reservoir shall not cause the
streamflow measured below the dam to be < 0.2 cfs
I1
Diversion shall cease when the river flow at USGS gaging station
01408120 is < 14 cfs. Diversion of over 16 mgd may only occur
if the flow at the gage is in excess of 31.6 cfs.
R2
Diversion from the intake shall not cause the river flow measured
below Boonton Reservoir at USGS gauging station 01381000 to
be < 23. cfs
Appendix B. Details of Contemporary Passing Flow Locations in New Jersey1 (cont)
ID2
Purveyor
Allocation
Permit
Description
Action Point3
Monitoring Point3
Type
Code4
Requirement5
pf010
City of
Jersey City
5268
Split Rock Reservoir
intake - Split Rock
Reservoir on Beaver
Brook
Beaver Brook below
Split Rock Reservoir
Dam
R2
The river flow measured below Split Rock Reservoir Dam at
USGS gauging station 01380000 shall not fall below
< 1.55 cfs.
pf011
United Water
NJ
Matchaponix
5270
Matchaponix Brook,
intake 1
intake - Matchaponix Brook
intake - Matchaponix
Brook
I1
Diversion from the intake shall cease when the streamflow measured at the intake is < 7.3 cfs.
pf012
Sussex Borough WD
5292
Colesville Reservoir,
Clove Brook
intake - Colesville
Dam on Clove
Brook (trib to Papakating)
Clove Brook just
downstream of
Colevsille Dam
R1
Permittee shall maintain a residual streamflow, at the spillway of
the Colesville dam of at least 0.1 cfs.
pf013
US Army
Training
Ctenter at Ft
Dix
5303
Greenwood Branch
intake - Greenwood
Branch
intake - Greenwood
Branch
I2
Diversion from the Greenwood Branch shall not cause the river
flow measured at the gauging station downstream of the point of
the diversion to be < 23 cfs.
pf014
Atlantic City
MUA
5306
Doughty Pond
intake - Doughty
Pond on Absecon
Creek
Absecon Creek just
downstream of Doughty Pond
I1
Diversion from Absecon Creek shall not cause the streamflow
measured below the intake to be < 3.2 cfs.
pf015
Sayreville
Borough WD
5313
South River
intake - South River
intake - South River
I1 &
I4
pf016
Sayreville
Borough WD
5313
South River
intake - South River
intake - South River
I1 &
I4
pf017
Medford Leas
Estaugh Corp
5323
SW Branch Of Rancocas Creek
intake - Southwest
Branch of the Rancocas Creek
intake - Southwest
Branch of the Rancocas Creek
I1
pf018
North Jersey
Dist WSC,
Wanaque
North
5329
Two Bridges
Pumping Site
intakePompton River at
Two Bridges
confluence of the Passaic and Pompton
Rivers
I2
pf019
North Jersey
Dist WSC,
Wanaque
North
5329
Ramapo River
intake - Ramapo
River
intake - Ramapo River
I1
All notes are at the end of the appendix.
─ page 44 ─
Diversion from the river shall take place only when the net residual flow below the point of diversion is > 61.88 cfs (40 mgd)
during the months of December through April, based on measurements at the USGS stream gaging station at the Duhernal Dam
located immediately upstream, and only when the chloride concentration of the water diverted is 60 parts per million or less.
Diversion from the river shall take place only when the net residual flow below the point of diversion is > 123.78 cfs (80 mgd)
during the months of May through November, based on measurements at the USGS stream gaging station at the Duhernal Dam
located immediately upstream, and only when the chloride concentration of the water diverted is 60 parts per million or less.
Diversion from the intake shall cease when the river flow measured at the point of diversion (the Southwest Branch of the Rancocas Creek) is < 11.3 cfs.
Diversion from the Two Bridges Pump Station shall not cause the
river flow calculated at the USGS gaging station number
01389005 at confluence of the Pompton and Passaic Rivers to be
< 143.3 cubic feet per second (92.6 mgd) or 27.2 cfs (17.6 mgd)
when PVWC is diverting from the Two Bridges Pump Station.
The river flow at the confluence of the Pompton and Passaic
Rivers is calculated from USGS gaging station number 01389500
at Little Falls. [N.J.A.C. 7:19- 2].
Diversion from the intake shall not cause the river flow measured
immediately downstream of the intake to be < 61.9 cfs.
Appendix B. Details of Contemporary Passing Flow Locations in New Jersey1 (cont)
ID2
Purveyor
Allocation
Permit
Description
Action Point3
Monitoring Point3
Type
Code4
Requirement5
pf020
North Jersey
Dist WSC
Wanaque
North
5329
Raymond Dam,
Wanaque River
intake - Raymond
Dam on the
Wanaque R.
Wanaque R. just
downstream of Raymond Dam
R2
Diversion from the intake shall not cause the flow of the
Wanaque River measured below the Raymond Dam to be < 10.8
cfs as long as 4.64 cfs is discharged during the same time from
Greenwood Lake. If a quantity in excess of 4.64 cfs is released
from Greenwood Lake for use other than the use of the NJDWSC,
an amount equal to the amount discharged from Greenwood Lake
shall be released from the Wanaque Reservoir, and in addition
thereto, such amount as shall be required to make the total discharge from the reservoir at least 15.47 cfs.
pf021
North Jersey
Dist WSC
Wanaque
North
5329
Post Brook
intake - Post Brook
intake - Post Brook
I1
Diversion from the intake shall not cause the river flow measured
below the point of diversion to be < 0.54 cfs.
pf022
New Brunswick City
WD
5337
Weston's Pond on
Lawrence Brook
intakes 1d, 1c, 1b, 1a
intake - Weston's
Pond on Lawrence
Brook
I1
Diversion from Weston's Pond shall not cause the river flow
measured at USGS gauging station at Weston's Mill Dam on
Lawrence Brook to be < 8.7 cfs.
pf023
Rahway City
WD
5339
Rahway River
intake - Rahway R.
I1
Diversion from the Rahway River shall not cause the river flow
measured at USGS gauging station No. 01395000 to be < 7.9 cfs.
pf024
Franklin Boro
WD
5359
Franklin Pond
intake - Franklin
Pond on Wallkill
River
I1
Diversion from the Franklin Pond intake shall not cause the
Wallkill River flow measured at the partial gauging station downstream of the dam to be < 2. cfs.
pf025
Bamm Hollow Country
Club
2151p
Nut Swamp Brook
intake - Nut Swamp
Brook
intake - Nut Swamp
Brook
I1
Diversion from the intake at Nut Swamp Brook shall not cause
the river flow measured at the intake to be < 0.19 cfs.
pf026
Westwood
Golf Club
2257p
Matthews Branch
intake #1 - Matthews
Branch
Matthews Branch
culvert beneath Route
551
I1
2268p
Third River
intake - Third River
intake - Third River
I1
2322p
Willis Creek , Intake
2
intake - Willis Pond
on Willis Creek
spillway - Willis Pond
I1
pf027
pf028
Forest Hill
Field Club
Ocean County Parks at
Atlantis
Lawrence Brook at
Weston's Mill Dam
gage (USGS
01405030)
Rahway River at Rahway gage (USGS
01395000)
Wallkill R. Downstream of Franklin
Pond (USGS partial
gaging station
01367700)
pf029
Battleground
Country Club
2327p
Pond 6, Intake 2
intake - Manalapan
Brook tributary
spillway - downstream
of intake #1
I1
pf030
Fiddlers
Elbow Golf &
Country Club
2329p
Lamington River
intake - Lamington
River
intake - Lamington
River
I1
All notes are at the end of the appendix.
─ page 45 ─
Diversion from the Matthews Branch though Intake No. 1 shall
not cause streamflow in the culvert beneath Route 551 (measured
at a time midway between high and low tide) during the current or
next outgoing tide to be < 0.2 cfs.
Diversion from the Third River shall not cause the river flow
measured at the intake to be < 1.5 cfs.
Diversion from the Willis Creek intake shall not cause the streamflow measured the spillway, located below Willis Pond to be
< 0.4 cfs.
Diversion from the Manalapan Brook tributary shall not cause the
streamflow over the dam, immediately downstream from Intake
No.1, to be < 0.3 cfs.
Diversion from the intake shall cease when the river flow measured at the intake is < 8. cfs.
Appendix B. Details of Contemporary Passing Flow Locations in New Jersey1 (cont)
ID2
Purveyor
Allocation
Permit
Description
Action Point3
Monitoring Point3
Type
Code4
Requirement5
pf031
Fox Hollow
Golf Club
2334p
Lamington River
intake - Lamington
River
Lamington Road
Bridge, Lamington R.
I1
Diversion from the intake shall not cause the river flow measured
at the Lamington Road Bridge to be < 13 cfs. The permittee shall
measure the flow in the Lamington River in the vicinity of the
Lamington Road Bridge prior to diverting water from the stream,
in accordance with the August 2, 1991 monitoring plan. The flow
measuring device shall be used to monitor the residual flow to
ensure that the river flow does not fall below 13 cfs due to the
permittee's diversion. If the streamflow falls below 13 cfs, the
diversion shall cease.
pf032
Cranbury
Golf Club
2335p
Big Bear Brook,
Intake 2
intake - Big Bear
Brook
Big Bear Brook proposed gauging station
at Cranbury-Dutch
Neck Road Bridge
I1
Diversion from the river shall not cause the river flow measured
at USGS gauging station at Cranbury-Dutch Neck Road Bridge to
be < 0.3 cfs. [Note: gage not installed]
pf033
Flanders
Valley Golf
Course
2338p
Lower Lake,
Drakes Brook
intake - Drakes
Brook
Drakes Brook weir
I1
Diversion from the intake shall not cause the river flow measured
at the weir to be < 0.5 cfs.
pf034
Princeton
University
2393p
Lake Carnegie
intake - Carnegie
Lake
Millstone R. gaging
station
I1
pf035
US Army
Armament
Research Dev
2403p
All Diversion
Sources
all intakes & wells
Green Pond Brook
below Picatinny Lake
gaging station (USGS
01379780
I1
2422p
Cedar Brook,
Pond 3
intake - Cedar Brook
pond 3
weir at the outlet of
Pond 3 on Cedar Brook
I1
2426p
Pine Brook
intake - Pine Brook
intake - Pine Brook
I1
2449p
Millstone River
intake - Millstone R.
Millstone R. gauging
station (USGS
01402000) at Blackwells Mills
I1
Diversion from the intake shall not cause the river flow measured
at the USGS gauging station at Blackwells Mills to be < 40. cfs.
2480p
Manalapan Brook
intake - Manalapan
Brook
intake - Manalapan
Brook
I1
Diversion from the intake shall not cause the river flow measured
at the intake to be < 0.785 cfs.
2486p
Irrigation Pond,
Wampum Brook
tributary
intake - tributary of
Wampum Brook
discharge from pond
on Wampum Brook
I1
Diversion from the tributary of Wampum Brook shall not cause
the tributary flow measured below the pond to be < 0.4 cfs.
2504p
Lahaway Creek
intake - Lahaway
Creek
Lahaway Creek Check
Dam
I1
Diversion from the Lahaway Creek intake shall not cause the flow
measured at Lahaway Creek Check Dam to be < 0.5 cfs , which is
the minimum passing flow.
2504p
Well IR-1
Well IR-1
Lahaway Creek Check
Dam
I1
Diversion from Well IR-1 shall cease if flow in Lahaway Creek
(measured at the Check Dam) is .5 cfs.
pf036
pf037
pf038
pf039
pf040
pf041
pf042
Rossmoor
Community
Assoc. Inc
Due Process
Golf Course
Royce Brook
Golf Course
Charleston
Springs Golf
Club
Fort Monmouth Golf
Course
Six Flags
Great Adventure
Six Flags
Great Adventure
All notes are at the end of the appendix.
─ page 46 ─
Diversion from Carnegie Lake shall not cause the river flow
measured at U.S.G.S. gaging station at Millstone River at Carnegie Lake to be < 8.5 cfs. [Note: gaging station discontinued]
The permittee shall operate the surface intakes and groundwater
production wells listed in this permit in such a manner as not to
reduce the passing flow measured at USGS gaging station #
01379780 at Picatinny Arsenal in Green Pond Brook, below
Picatinny Lake to  1.8 cfs.
Diversion from Cedar Brook(Pond 3) shall not cause the streamflow measured at the weir at the outlet of Pond 3 on Cedar Brook
to be < 0.18 cfs.
Diversion from Pine Brook shall not cause the river flow immediately below the point of diversion to be < 5. cfs.
Appendix B. Details of Contemporary Passing Flow Locations in New Jersey1 (cont)
Allocation
Permit
Description
Action Point3
Monitoring Point3
Type
Code4
Requirement5
pf043
Village
Grande at
Bear Creek
2505p
All diversion
Sources
all intakes & wells
Bear Brook gaging
station (USGS
01400775) at Old
Trenton Road
I1
The overall diversion shall not cause the passing flow of Bear
Brook to be < 0.8 cfs at USGS gaging station number 01400775
located at Old Trenton Road. [Note: gaging station discontinued.]
pf044
Beaver Brook
Country Club
2514p
Beaver Brook on-stream Pond
intake - Beaver
Brook
intake - Beaver Brook
I1
pf045
Heron Glen
Golf Course
2515p
Irrigation wells
F&M
all intakes & wells
Neshanic River gaging
station (USGS
01398000) near
Reaville
I3
pf046
Jumping
Brook Golf &
Country Club
2517p
Jumping Brook
intake - Jumping
Brook
pf047
Berkshire
Valley Golf
Course
2520p
Valley-fill aquifer,
wells IRR-1, IRR-2,
HH, CH
Wells IRR-1, IRR-2,
HH, CH
pf048
Yards Creek
Generating
Station, Jersey Central
Power &
Light
4004ps
All Diversion
Sources
pf049
Dundee Water Power &
Land Co
4006ps
pf050
NJ Water
Supply
Authority
pf051
pf052
ID2
Purveyor
Jumping Brook gaging
station (USGS
01407760) near Neptune
Rockaway River gaging station (USGS)
upstream of the
Boonton Reservoir
I1
I1
all intakes & wells
Yards Creek gaging
station (USGS
01443900) near Blairstown
R2
Dundee Lake on
Passaic River
intake - Dundee
Lake on Passaic
River
Passaic River gaging
station (USGS
01389500) at Little
Falls
R5
4007ps
Spruce Run and
Round Valley
Reservoirs
Spruce Run and
Round Valley
Reservoirs
Raritan River gaging
station at Bound Brook
(USGS 01403060)
R2
NJ Water
Supply
Authority
4007ps
Spruce Run and
Round Valley
Reservoirs
Spruce Run and
Round Valley
Reservoirs
Raritan River gaging
station at Manville
(USGS 01400500)
R2
NJ Water
Supply
Authority
4007ps
Spruce Run and
Round Valley
Reservoirs
Spruce Run and
Round Valley
Reservoirs
S. Br. Raritan River
gaging station at Stanton (USGS 01397000)
R2
All notes are at the end of the appendix.
─ page 47 ─
Diversion from the on stream pond shall not cause the Beaver
Brook flow measured at the intake to be < 3.5 cfs.
Diversion from the irrigation wells shall cease when the river
flow measured at the USGS Reaville gauging station, number
01398000, on the Neshanic River is .21 cfs .When the flow at
the Reaville Gage is between 0.2 and 0.65 cfs the maximum allowable pumping from the wells for irrigation purposes shall not
exceed the daily values as identified on the graph titled,
"Neshanic River at Reaville Flow vs. Allowable Pumping from
Hunterdon County Golf Course Well".
Diversion from the Jumping Brook intake shall cease when the
Brook flow measured at USGS gaging station 01407760 near
Neptune is < 1.75 cfs (minimum passing flow) or the flow at the
Jumping Brook Country Club's intake is  1.3 cfs.
The diversion wells shall not cause the passing flow at USGS
gauging station upstream of the Boonton Reservoir to be
< 28.8 cfs.
The downstream discharge monitored at the existing USGS gaging station on Yards Creek (No. 01443900) shall never be < 0.875
cfs. Daily releases shall be considered to be equivalent to the
measured flows at USGS Gage No. 01443900 on Yards Creek.
The permittee must release enough water to maintain a minimum
passing flow of 0.875 cfs at the USGS gage.
Diversion may take place when the drawdown in Dundee Lake is
 2 Feet Value from the top of the dam, providing that during low
flow periods the passing flow through the turbines or other flow
release structures need not be greater than the lake's incoming
streamflow as monitored at the USGS gaging station at Little
Falls.
Water shall be released from the Spruce Run Reservoir, supplemented by the natural runoff, such that minimum flow at the
USGS gauging station at Bound Brook on the Raritan River is not
< 90. mgd.
Water shall be released from the Spruce Run Reservoir, supplemented by the natural runoff, such that minimum flow at the
USGS gauging station at Manville on the Raritan River is not
< 70. mgd.
Water shall be released from the Spruce Run Reservoir, supplemented by the natural runoff, such that minimum flow at the
U.S.G.S. gauging station at Stanton on South Branch Raritan
River is not < 40. mgd.
Appendix B. Details of Contemporary Passing Flow Locations in New Jersey1 (cont)
ID2
pf053
pf054
pf055
pf056
Purveyor
NJ Water
Supply
Authority
NJ Water
Supply
Authority
NJ Water
Supply
Authority
NJ Water
Supply
Authority
Allocation
Permit
Description
Action Point3
Monitoring Point3
Type
Code4
Requirement5
4007ps
Spruce Run
Reservoir
Spruce Run
Reservoir dam
Spruce Run
Reservoir dam
R1
Water shall be released into Spruce Run immediately below the
dam at a continuous rate such that the rate is not < 7.75 cfs.
Spruce Run and
Round Valley
Reservoirs
Spruce Run and
Round Valley
Reservoirs
Spruce Run and
Round Valley
Reservoirs
Spruce Run and
Round Valley
Reservoirs
Spruce Run and
Round Valley
Reservoirs
Spruce Run and
Round Valley
Reservoirs
Round Valley Reservoir release into
Prescott Brook
Raritan River gaging
station at Bound Brook
(USGS 01403060)
Raritan River gaging
station at Manville
(USGS 01400500)
S. Br. Raritan River
gaging station at Stanton (USGS 01397000)
South Branch of Rockaway Creek immediately below the North
Dam
Prescott Brook immediately below the
South Dam
4008ps
4008ps
4008ps
pf057
NJ Water
Supply
Authority
4008ps
Round Valley
Reservoir
pf058
NJ Water
Supply
Authority
4008ps
Round Valley
Reservoir
pf059
Howell Park
Golf Course
4010ps
Elsie Lake, Timber
Swamp Creek
4011ps
Millstone River
intake - Millstone R.
4012ps
Raritan &Millstone
Rivers
intake - Raritan &
Millstone Rivers
pf060
pf061
NJ Water
Supply
Authority
NJ Water
Supply
Authority
Round Valley Reservoir release into
Prescott Brook
intake - Elsie Lake
on Timber Swamp
Creek
intake on Elsie Lake on
Timber Swamp Creek
Millstone River at
Blackwells Mills gage
(USGS 01402000)
Raritan River at Bound
Brook gage (USGS
01403060)
R2
R2
R2
R2
R2
I1
I1
I1
pf062
Merrill Creek
Reservoir
4023ps
Merrill Creek,
Intake 2
Merrill Creek Reservoir release to Merrill Creek
Merrill Creek immediately below Merrill
Creek Reservoir
R2
pf063
Merrill Creek
Reservoir
4023ps
Delaware River,
Intake 2
Merrill Creek Reservoir
Delaware River at
Trenton gage (USGS
01463500)
I1
pf064
NJ Water
Supply
Authority
4034psx
Manasquan Reservoir, Timber Swamp
Brook
Manasquan Reservoir on Timber
Swamp Brook
pf065
NJ Water
Supply
Authority
Manasquan River
intake - Manasquan
River, proposed
Allaire Intake Structure for Oak Glen
Reservoir
4034psx
Timber Swamp Brook
immediately downstream of Oak Glen
Reservoir
Manasquan River
immediately downstream of proposed
Allaire Intake Structure
for Oak Glen Reservoir
All notes are at the end of the appendix.
─ page 48 ─
The diversion shall not cause the streamflow of the South Branch
of Raritan River, measured at the USGS Bound Brook gage, to be
< 90. mgd.
The diversion shall not cause the streamflow of the South Branch
of Raritan River, measured at the USGS Manville gage, to be
< 70. mgd.
The diversion shall not cause the streamflow of the South Branch
of Raritan River, measured at USGS Stanton gage, to be
< 40. mgd.
The diversion released from the Round Valley Reservoir into
Prescott Brook shall not cause the streamflow at South Branch of
Rockaway Creek, measured immediately below the North Dam,
to be < 170,000 gpd.
The diversion released from the Round Valley Reservoir into
Prescott Brook shall not cause the streamflow, measured immediately below the South Dam, to be < 830,000 gpd.
Diversion from the Elsie Lake shall not cause the Timber Swamp
Creek flow below the point of diversion to be < 0.8 cfs.
Diversion from the Millstone River shall not cause the Millstone
River flow measured at USGS gauging station at Blackwells
Mills to be < 50. cfs.
Diversion from the intake shall not cause the river flow measured
at USGS gauging station no. 01403060 at Bound Brook to be
< 90. mgd.
Releases from the Merrill Creek Reservoir shall be the runoff
under all hydrologic conditions from the watershed upstream of
the Main Dam so that the flow in the Merrill Creek immediately
below the dam is never < 3. cfs.
Diversion from the intake shall not cause the Delaware River flow
measured at the Trenton USGS gauging station to be < 3,000 cfs.
[Note: Reduce diversion as needed as detailed in the paper permit
Condition B.2]
R2
Releases from the Manasquan reservoir shall be maintained so
that the flow of Timber Swamp Brook, immediately below the
dam is never < 0.3 cfs.
I1
Diversion from the Manasquan River at the proposed Allaire
Intake Structure for storage into the proposed Oak Glen Reservoir
and for water supply shall not cause the river flow immediately
downstream of the diversion to be < 12. cfs.
Appendix B. Details of Contemporary Passing Flow Locations in New Jersey1 (cont)
ID2
pf066
pf067
pf068
pf069
pf070
pf071
Purveyor
Spring Meadow Golf
Course
Paterson
MUA Great
Falls Hydroelectric
Oxford Textile Inc
Metedeconk
National Golf
Club
Hopewell
Valley Golf
Club
Great Bear
Hydropower
Allocation
Permit
Description
Action Point3
Monitoring Point3
Type
Code4
Requirement5
4035ps
Manasquan River
intake - Manasquan
River
Manasquan River at
Squankum gage
(USGS 01408000)
I1
Diversion from the intake shall not cause the river flow measured
at USGS gauging station at Squankum to be < 21.5 cfs. Pumping
shall cease when flow is at or below passing flow of 21.5 cfs.
4037ps
Passaic River
intake - Passaic
River
Passaic River at the
Great Falls
I1
Diversion from the intake shall not cause the Passaic River flow
over the Great Falls to be < 200. cfs.
4045ps
Furnace Brook,
Intake 1 & 2
intakes - Furnace
Brook
Furnace Brook at
Route 31 gage
I2
Diversion from Furnace Brook shall not take place when the
streamflow measured at USGS gauging station at Route 31 is
 1.32 cfs. [Note: gage has been discontinued.]
4047ps
Metedeconk River,
Storage pond
intake - Metedeconk
River
weir - Metedeconk
River
I1
Diversion from the river shall not cause the river flow measured
at the weir to be < 2.1 cfs.
4049ps
Stony Brook
intake - Stony Brook
intake - Stony Brook
I1
Diversion from Stony Brook shall not cause the river flow measured at the intake to be < 0.1 cfs.
4051ps
Paulins Kill
intake - Paulins Kill
dam - Paulins Kill
I1
pf072
Mercer Oaks
Golf Course
4056ps
pf073
Mercer Oaks
Golf Course
4056ps
pf074
Bellemead
Golf Course
4060ps
pf075
Rockaway
River Country Club
pf076
pf077
pf078
pf079
pf080
pf081
Lake Mohawk Golf
Club
Weequahic
Golf Course
Renaissance /
Leisure Glen
Pennsauken
Twp Of
Golden
Pheasant Golf
Course
Ballyowen
Golf Club
Lake Mercer,
Assunpink Creek
Intake 1
Lake Mercer,
Assunpink Creek
Intake 2
intake 1 - Lake Mercer/Assunpink Creek
intake 2 - Lake Mercer/Assunpink Creek
Assunpink Creek near
Clarksville gage
(USGS 01463620)
Assunpink Creek near
Clarksville gage
(USGS 01463620)
I2
I2
Diversion shall not cause the flow over the dam to be < 15 cfs at
any time.
Diversion from the Lake Mercer/Assunpink Creek shall cease
when the river flow measured at USGS gaging station at Clarksville, No. 1463620 is < 7.4 cfs.
Diversion from the Lake Mercer/Assunpink Creek shall cease
when the river flow measured at USGS gaging station at Clarksville, No. 1463620 is < 7.4 cfs.
Diversion from the River shall not cause the river flow measured
at the system intake to be < 14. cfs.
Diversion from the Rockaway River shall not cause the river flow
measured at USGS gauging station at Rockaway River above
Boonton Reservoir to be < 26. cfs. If a drought warning or emergency is declared by the Department or the City of Jersey City the
passing flow is automatically increased to 45. cfs.
Lamington River
intake - Lamington
River
intake - Lamington R.
I1
4065ps
Rockaway River
intake - Rockaway
River
Rockaway River gaging station (USGS
01380500) upstream of
the Boonton Reservoir
I1
4066ps
Lake Mohawk,
Walkill River
intake - Wallkill R,
Lake Mohawk
Wallkill R, Lake Mohawk outlet
I2
4067ps
Weequahic Lake
intake, Weequahic
Lake
Weequahic Lake
I4
4068ps
Toms River
intake - Toms River
intake - Toms River
I1
4070ps
South Branch
Pennsauken Creek
intake - South Br of
Pennsauken Creek
intake - South Br of
Pennsauken Creek
I1
4071ps
Little Creek
intake - Little Creek
intake - Little Creek
I1
Diversion from the intake shall not cause the flow of Little Creek
measured at the intake to be < 3.99 cfs.
4072ps
Wallkill RiverFurnace Pond,
original intake
intake, original Furnace Pond on
Wallkill R.
intake - Wallkill R.,
Furnace Pond
I1
Diversion from the intake shall not cause the river flow measured
at the Furnace Pond Intake to be < 8.5 cfs.
All notes are at the end of the appendix.
─ page 49 ─
Diversion from the intake shall cease when the Wallkill River
flow measured at the outlet of the lake is  1.4 cfs.
Diversion from the intake shall cease when the lake level is < 6
feet above mean sea level.
Diversion from the Toms River intake shall not cause the river
flow measured at the intake to be < 23. cfs.
Diversion from the South Branch of Pennsauken Creek shall not
cause the flow at Intake No. 1 to be < 5. cfs.
Appendix B. Details of Contemporary Passing Flow Locations in New Jersey1 (cont)
ID2
Purveyor
Allocation
Permit
Description
Action Point3
Monitoring Point3
Type
Code4
Requirement5
pf082
Ballyowen
Golf Club
4072ps
Wallkill RiverFurnace Pond,
new intake
intake, new –
Furnace Pond on
Wallkill River
intake - Wallkill River,
Furnace Pond
I1
Diversion from the intake shall not cause the river flow measured
at the Furnace Pond Intake to be < 8.5 cfs.
4072ps
well 5
well 5
4075ps
South Branch of
Raritan River
intake - S. Br. Raritan River
4076ps
Cedar Lake
(Barton Run)
intake - Cedar Lake
on Barton Run
5008x
Canoe Brook,
intakes 9 & 10
intakes - Canoe
Brook
5008x
Passaic River,
intake 2
intake - Passaic
River
pf083
pf084
pf085
pf086
pf087
Ballyowen
Golf Club
Neshanic
Valley Golf
Course
Kresson Golf
Club
NJ American
Water Short
Hills
NJ American
Water Short
Hills
intake - Wallkill R.,
Furnace Pond
S. Br. Raritan River
gaging station at Stanton (USGS 01397000)
Barton Run immediately downstream of
Cedar Lake dam
Canoe Brook near
Summit gage (USGS
01379530)
Passaic River at Chatham gage (USGS
01379500)
I1
I2
I2
I1
I1
Diversion from this well is only permitted when flows measured
at the Furnace Pond Intake on the Wallkill River are < 8.5 cfs
Diversion from the South Branch of Raritan River shall not occur
when the river flow measured at Gauging Station No. 01397000
is < 46.75 cfs.
Diversion from the intake shall cease when the streamflow over
Cedar Lake Dam falls below < 0.4 cfs.
Diversion from Canoe Brook shall not cause the river flow measured at the USGS gauging station at Canoe Brook near Summit to
be < 2.12 cfs.
Diversion from the Passaic River diversion shall not cause the
river flow at the USGS gauging station at Chatham to be
< 116 cfs.
pf088
NJ American
Water Union
Beach &
Monmouth
5018x
Swimming River
intake - Swimming
River
Swimming River near
Red Bank gage (USGS
01407500)
I1
Diversion from the intake shall not cause the river flow, measured
at USGS gaging station 01407500, to be < 9.4 cfs or the natural
inflow to the reservoir, whichever is less.
pf089
NJ American
Water Union
Beach &
Monmouth
5018x
Jumping Brook
intake - Jumping
Brook
Jumping Brook near
Neptune City gage
(USGS 01407760)
I1
Diversion from the Jumping Brook shall not cause the streamflow
measured at the USGS gaging station, No. 01407760, on Jumping
Brook near Neptune City to be < 1.2 cfs.
pf090
NJ American
Water Union
Beach &
Monmouth
5018x
Shark River
intake - Shark River
Shark River near Neptune City gage (USGS
01407705)
I1
Diversion from the Shark River shall not cause the river flow
measured at the USGS gaging station, No. 01407705, on Shark
River near Neptune City to be < 1.9 cfs.
pf091
United Water
NJ
5082x
All Diversion
Sources
wells
Saddle River gage
(staff gage at withdrawal?)
I2
Diversion from both wells shall cease during periods of time
when the natural passing flow of the Saddle River is < 2.32 cfs.
pf092
United Water
NJ
5082x
Sparkill Creek
intake - Sparkill
Creek
I1
Diversion from the intake shall not cause the river to stop flowing
over the dam at the Continental Can Company or the flow measured at USGS Sparkill gauging station 01376280 to be < 4.64 cfs.
[Note: no such USGS gage.]
pf093
United Water
NJ
5082x
Two Bridges
Pump station
intake - Two Bridges
I1
Diversion shall not cause the river flow measures at the confluence to the Passaic and Pompton Rivers to be < 92.6 mgd.
pf094
United Water
NJ
5082x
Saddle River
intake - Saddle River
I1
Diversion from the intake shall not cause the river flow measured
at the USGS gauging station at Ridgewood to be < 13.9 cfs.
Sparkill Creek gage
Passaic R. just downstream of confluence
of the Passaic and
Pompton Rivers
(USGS 01389005)
Saddle River at
Ridgewood gage
(USGS 01390500)
All notes are at the end of the appendix.
─ page 50 ─
Appendix B. Details of Contemporary Passing Flow Locations in New Jersey1 (cont)
ID2
Purveyor
Allocation
Permit
Description
Action Point3
Monitoring Point3
Type
Code4
pf095
United Water
NJ
5082x
Oradell Reservoir,
Hackensack River
intake - Oradell
Reservoir on Hackensack River
Hackensack River just
below Oradell Reservoir
R2
pf096
United Water
NJ
5082x
Lake Tappan, Hackensack River
intake - Lake Tappan
on Hackensack
River
Hackensack River just
below Lake Tappan
R2
pf097
United Water
NJ
5082x
Ramapo River at
Pompton Lakes
intake - Ramapo
River at Pompton
Lakes
pf098
Passaic Valley Water
Commission
5099x
Pompton River,
Jackson Ave Intake
intake Jackson Ave Intake
pf099
Passaic Valley Water
Commission
5099x
Pompton And Passaic Rivers, Two
Bridges & Little
Falls Intakes
intake Pompton River at
Two Bridges
pf100
Southeast
Morris County MUA
5264x
Clyde Potts
Reservoir,
Harmony Brook
intake - Clyde Potts
Reservoir on
Harmony Brook
pf101
NJDEPParks &
Forestry
--
Lake Hopatcong,
Musconetcong River
Lake Hopatcong
dam
Pompton And Passaic Rivers, Two
Bridges
Pompton And Passaic Rivers, Two
Bridges
intakePompton River at
Two Bridges
pf102
pf103
Passaic Valley Water
Commission
Passaic Valley Water
Commission
5099x
5099x
intakeLittle Falls
Ramapo River just
below intake (USGS
Pompton Lakes gage
01388000)
Pompton River just
below intake (USGS
gage at Pompton Lakes
01388500)
Passaic River below
Pompton River at Two
Bridges gage (USGS
gage 01389005)
Harmony Brook just
downstream of Clyde
Potts Brook
Musconetcong River at
outlet of Lake
Hopatcong (USGS
gage 01455500
Passaic River at Little
Falls gage (USGS gage
01389500)
Passaic River at Little
Falls gage (USGS gage
01389500)
Requirement5
Diversion from the intake shall not cause the Hackensack River
flow measured at New Milford (below the Oradell Reservoir
dam) to be < 12.9 cfs. Pursuant to the provision of N.J.S.A. 58:21 et. seq., the permitee is subject to excess diversion fees.
Release shall be made from Lake Tappan so that the flow of the
Hackensack River at a point below the Lake Tappan dam is not
< 12.4 mgd.
I1
Diversion from the intake shall not cause the river flow measured
below the intake to be < 40. mgd.
I1
Diversion from the intake shall not cause the flow of the Pompton
River measured below the intake to be < 88. mgd.
I1
Diversion from the Two Bridges Pump Station shall not cause the
river flow calculated at the USGS gaging station number
01389005 at confluence of the Pompton and Passaic Rivers to be
< 27.2 cfs. The river flow at the confluence of the Pompton and
Passaic Rivers is calculated from the USGS gaging station number 01389500 at Little Falls.
R2
Diversion from the Clyde Potts Reservoir shall not cause the flow
of Harmony Brook measured below the reservoir to be < 0.13 cfs.
R2
I1
I1
Unless otherwise instructed by the Director, Division of Parks and
Forestry, there shall be discharged at all times through the fountain, at Hopatcong State Park, supplemented if necessary by gage
opening, at Hopatcong Dam, 7.5 mgd (12. cfs).6
Diversion from the Two Bridges and Little Falls Pump Stations
shall not cause the passing flow at USGS gauging station no.
01389500 at Little Falls to be < 17.6 mgd.
Diversion from the Two Bridges and Little Falls Pump Stations
shall not cause the passing flow at USGS gauging station no.
01389500 at Little Falls to be < 17.6 mgd.
Notes:
(1) This appendix is based on data from the files of the Bureau of Water Allocation (BWA), Division of Water Supply and Geosciences, New Jersey Department of Environmental Protection.
(2) The 'ID' field has been assigned by the authors of this report for identification purposes.
(3) The 'Action Point' and 'Monitoring Point' fields have been assigned by the authors of this report based on their interpretation of
the BWA files and on reported system operation.
─ page 51 ─
Appendix B. Details of Contemporary Passing Flow Locations in New Jersey1 (cont)
(4) The 'Type Code' field is assigned based on author's interpretation of BWA permit conditions. See table 6 for details.
(5) The 'Requirement' field is copied from BWA files. Spelling is maintained from the original.
(6) "Lake Hopatcong Water Level Management Plan," unpublished manuscript on file with the New Jersey DEP, Division of Parks
and Forestry, State Park Service, 16 p, ca 2001. This passing flow is not associated with a withdrawal and thus does not have an
allocation permit.
─ page 52 ─
Appendix C. Excerpts of Regulations, 2007,
Pertaining to Passing Flows
The following is excerpted from the complete regulations. Consult the complete regulations for a fuller description of the requirements relating to water allocation in New Jersey. The referenced current water-supply laws and regulations are available at:
http://www.nj.gov/dep/watersupply/statauth.htm
N.J.S.A. 58:1A-1 et seq. (Water Supply Management Act)
58:1A-1. Short title
This act shall be known and may be cited as the "Water Supply Management Act."
L.1981, c. 262, s. 1, effective Aug. 13, 1981.
58:1A-5. Supply and diversion of water; rules and regulations
The commissioner shall have the power to adopt, enforce, amend or repeal, pursuant to
the "Administrative Procedure Act," P.L.1968, c. 410 (C. 52:14B-1 et seq.) rules and regulations to control, conserve, and manage the water supply of the State and the diversions
of that water supply to assure the citizens of the State an adequate supply of water under
a variety of conditions and to carry out the intent of this act. These rules and regulations
may apply throughout the State or in any region thereof and shall provide for the allocation or the reallocation of the waters of the State in such a manner as to provide an adequate quantity and quality of water for the needs of the citizens of the State in the present
and in the future and may include, but shall not be limited to:
e. Standards and procedures to be followed to maintain the minimum water levels and
flow necessary to provide adequate water quantity and quality;
N.J.A.C. 7:19 -- Water Supply Allocation Rules
7:19-1.3 Definitions
"Passing flow requirement" means the volume of water required to be maintained at a
selected point in the stream to promote water quality conditions after consideration of the
needs of downstream users.
7:19-1.6 Diversion source categories and requirements
─ page 53 ─
(e) A permittee shall maintain each inactive, active, or emergency surface water diversion
source pursuant to the requirements of (a), (b), or (c) above, as appropriate. The Department will establish a passing flow requirement for each surface water diversion source or
ground water diversion that impacts a surface water source as follows:
1. In the case of a diversion source used for public water supply, the Department will
establish the passing flow requirement in accordance with the criteria set forth in
N.J.A.C. 7:19-4.6(f).
2. In the case of a diversion source used for a purpose other than public water supply,
the Department will establish the passing flow requirement at a level that will not reduce the passing flow below the 7 day, 10 year low flow as established by the United
States Geological Survey.
3. If an applicant proposes a lower passing flow requirement than that established
pursuant to (e)1 or 2 above, the applicant shall submit with the permit application,
pursuant to N.J.A.C. 7:19-2.2, a detailed environmental impact study which demonstrates to the satisfaction of the Department that no adverse environmental impact will
occur as a result of the proposed lower passing flow requirement.
4. The Department will temporarily increase the passing flow requirement established
pursuant to (e)1 or 2 above if the Department determines such an increase is warranted to preserve the water quality of the diversion source.
5. The Department will not establish a passing flow requirement for a surface water
diversion source if the 7 day, 10 year low flow is zero; the streamflow is intermittent;
or the size or nature of the watershed is such that a passing flow requirement is impractical.
6. The permittee shall ensure that the intake structure for the surface water diversion
source is designed to maintain the passing flow requirement.
7:19-4.6 Calculation of Fees
(f) Where the passing flow is not specified above, it shall be fixed by the Department
based on an amount equal to the average daily flow for the driest month, as shown on existing records or in lieu thereof, 125,000 gallons for each square mile of unappropriated
watershed above the point of diversion. The flows computed on the basis of 125,000 gallons per day per square mile shall be in addition to flows from any appropriated watershed above the point of diversion.
7:19-10.2 Restrictions and requirements placed on water purveyors
(a) The restrictions and requirements placed by the Commissioner on water purveyors
during a water emergency may include the following:
─ page 54 ─
6. Alteration of passing flow requirements. Such alteration in passing flow requirements does not exempt the purveyor from paying appropriate excess diversion fees;
N.J.A.C. 7:20A -- Agricultural, Aquacultural, And Horticultural Water Usage Certification
7:20A-1.3 Definitions
"Passing flow" means the volume of water required to be maintained at a selected point
in the stream to promote water quantity and quality conditions after consideration of
downstream users and ecological needs.
7:20A-2.6 Water usage certification conditions
(a) 12. All water usage certifications that impact or have the potential to impact surface
water bodies, may include a passing flow for the affected portion of the waterbody.
In establishing the passing flow, the Department shall take into account the needs of
other authorized, existing downstream users, existing holders of a valid water supply
allocation permit or registration, water usage certification or agricultural water usage
registration, aquatic and water-dependent ecological requirements, use and classification of the waterbody, natural streamflow variability (hydrograph) of the impacted
waterbody, impacts to the safe yield of existing public water supply systems, and the
feasibility of implementing a passing flow requirement.
i. The Department may implement the use of new passing flow assessment tools
as they develop in order to protect the integrity of waterbodies;
─ page 55 ─
Appendix D. Historical Laws
Excerpts Pertaining to Passing Flows
Laws, Session of 1907
Chapter 252.
An Act to establish a State Water-Supply Commission, and to define its powers and duties, and the conditions under which waters of this State may be diverted.
BE IT ENACTED by the Senate and General Assembly of the State of New Jersey:
8. Every municipality, corporation or private person now diverting the waters of streams
or lakes without outlets for the purpose of a public water-supply shall make annual payments on the first day of May to the State Treasurer for all such water hereafter diverted
in excess of the amount now being legally diverted; provided, however, no payment shall
be required until such legal diversion shall exceed a total amount equal to one hundred
(100) gallons daily, per capita for each inhabitant of the municipality or municipalities
supplied, as shown by the census of one thousand nine hundred and five. And every municipality, corporate or private person not at present diverting surface waters for said purpose but who shall hereafter divert such waters, shall make annual payments on the first
day of May to the State Treasurer for all waters diverted in excess of a total of one hundred (100) gallons daily for each inhabitant of the municipalities supplies, as shown by
the census of one thousand nine hundred and five. Such payment shall be deemed to be a
license and its amount shall be fixed by said commission at a rate of not less than one
dollar ($1.00) or more than ten dollars ($10.00) per million gallons. If at all times an
amount equal to the average daily flow for the driest month, as shown by existing records, or in lieu thereof one hundred and twenty-five thousand gallons daily for each
square mile of unappropriated watershed above the point of diversion, shall be allowed to
flow down the stream, the commission shall fix the minimum rate and may increase the
rate proportionally as a less amount is allowed to flow down the stream below the point
of diversion, due account being taken in fixing said increase both of the duration and
amount of said deficiency, provided, however, the aforesaid one hundred and twenty-five
thousand gallons daily for each square mile of unappropriated watershed shall be additional to the dry-season flow or any part thereof which may be allowed to flow down
from any appropriated watershed or watersheds above said point of diversion. Water diverted within the corporate limits of a municipality for manufacturing and fire purposes
only, and returned without pollution to the stream from which it was taken within said
corporate limits shall not be reckoned in making up the aggregate amount diverted.
Approved June 17, 1907.
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